Article 6 Applications for relief which is precluded by the Act of 1991

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 6(1) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 131
rule 6(3) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 132
rule 6(4) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 132
rule 6(5) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 132
rule 6(7) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 132

(1)

Where an application is made for an order which, in the opinion of the justices' clerk, the court would be prevented from making by section 8 or 9 of the Act of 1991, he may send a notice in the appropriate form to the applicant and the provisions of rule 4(1) to (3) of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 (service) shall apply as appropriate.

(2)

Where a notice is sent under paragraph (1), no requirement of any rules, except for those of this rule, as to the service of the application or as to any other procedural step applicable to the making of an application of the type in question, shall apply unless and until the court directs that such rules shall apply or that they shall apply to such extent and subject to such modifications as may be specified in the direction.

(3)

Where an applicant who has been sent a notice under paragraph (1) informs the justices' clerk in writing, within 14 days of the date of service of the notice, that he wishes to persist with his application, the justices' clerk shall give such directions as he considers appropriate for the matter to be heard and determined by the court and, without prejudice to the generality of the foregoing, such directions may provide for the hearing to be ex parte.

(4)

Where directions are given under paragraph (3), the justices' clerk shall inform the applicant of the directions and, in relation to the other parties,—

(a)

where the hearing is to be ex parte, inform them briefly—

(i)

of the nature and effect of the notice under this rule,

(ii)

that the matter is being resolved ex parte, and

(iii)

that they will be informed of the result in due course; and

(b)

where the hearing is to be inter partes, inform them of—

(i)

the circumstances which led to the directions being given, and

(ii)

the directions.

(5)

Where a notice has been sent under paragraph (1) and the justices' clerk is not informed under paragraph (3) the application shall be treated as having been withdrawn.

(6)

Where the matter is heard pursuant to directions under paragraph (3) and the court determines that it would be prevented by section 8 or 9 of the Act of 1991 from making the order sought by the application, it shall dismiss the application.

(7)

Where the court dismisses an application under this rule it shall give its reasons in writing, copies of which shall be sent to the parties by the justices' clerk.

(8)

In this rule, ‘the matter’ means the question whether the making of an order in the terms sought by the application would be prevented by section 8 or 9 of the Act of 1991.

(9)

Rule 15 of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 (delegation by justices' clerk) shall apply as appropriate to anything authorised to be done by or to a justices' clerk under this rule or rule 7.