Article 97 Types of application for which Part 10 procedure may be followed

(1)

The Part 10 procedure is the procedure set out in this Part.

(2)

An applicant may use the Part 10 procedure where the procedure set out in Part 9 does not apply and—

(a)

there is no form prescribed by a rule or practice direction in which to make the application;

(b)

he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; or

(c)

paragraph (5) applies.

(3)

The court may at any stage direct that the application is to continue as if the applicant had not used the Part 10 procedure and, if it does so, the court may give any directions it considers appropriate.

(4)

Paragraph (2) does not apply—

(a)

to applications made in accordance with—

(i)

rule 27 (request to dispense with consent);

(ii)

rule 59(2) (appointment of children’s guardian);

(iii)

rule 84 (disclosure of information to adopted adult);

(iv)

rule 106 (withdrawal of application); or

(v)

rule 107 (recovery orders); or

(b)

if a practice direction provides that the Part 10 procedure may not be used in relation to the type of application in question.

(5)

A rule or practice direction may, in relation to a specified type of proceedings—

(a)

require or permit the use of the Part 10 procedure; and

(b)

disapply or modify any of the rules set out in this Part as they apply to those proceedings.