Rule 39 Amendments to the 1991 Rules

for paragraph (1) substitute—

“(1)

If any person other than the Queen’s Proctor wishes to show cause—

(a)

under section 9 of the Act of 1973 against a decree nisi being made absolute, or

(b)

under section 40 of the Act of 2004 against a conditional order being made final,

he shall file an affidavit stating the facts on which he relies and a copy shall be served on the party in whose favour the decree or conditional order, as the case may be, was pronounced.”;

in paragraph (6), after “decree nisi” insert “or the conditional order”; and

in paragraph (7), after “decree” insert “or order”.