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Section 59 Provisions relating to the Attorney-General.C1C2C3

England and Wales

(1)

On an application F1to a court for a declaration under this Part the court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney-General.

(2)

The Attorney-General, whether or not he is sent papers in relation to an application to a court for a declaration under this Part, may—

(a)

intervene in the proceedings on that application in such manner as he thinks necessary or expedient, and

(b)

argue before the court any question in relation to the application which the court considers it necessary to have fully argued.

(3)

Where any costs are incurred by the Attorney-General in connection with any application F2to a court for a declaration under this Part, the court may make such order as it considers just as to the payment of those costs by parties to the proceedings.

Annotations

Textual amendments

F1

Words in s. 59(1)(2) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 8(a) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)

F2

Words in s. 59(3) inserted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 8(b) (with s. 83(6)); S.I. 2001/774, art. 2(b)(c)

Modifications

C1

S. 59 extended (prosp.) by 1976 c. 36, s. 39(3B) (as inserted (prosp.) by 1999 c. 18, ss. 4(3), 18(3) (with s. 17(1))

S. 59 applied (prosp.) by Adoption and Children Act 2002 (c. 38), s. 88(4) (with Sch. 4 paras. 1, 6-8)

C2

S. 59 applied by 1976 c. 36, s. 39(3B) (as inserted (1.6.2003 for E.W.) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 4(3), 18(3) (with s. 17); S.I. 2003/189, art. 2(2)(c))

C3

S. 59 applied (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 88(4), 148(1) (with Sch. 4 paras. 1, 6-8); S.I. 2005/2213, art. 2(f)