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Article 7 Modification of rule 6 in relation to non-free standing applications

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

Where a notice is sent under rule 6(1) in respect of an application which is contained in an application, answer or other document (“the document”) which contains material extrinsic to the application—

(a)

the document shall, until the contrary is directed under sub-paragraph (c) of this rule, be treated as if it did not contain the application in respect of which the notice was served;

(b)

the justices' clerk shall send to the respondents a copy of the notice under rule 6 (1) and a notice informing the respondents of the effect of sub-paragraph (a) of this paragraph; and

(c)

if it is determined, under rule 6, that the court would not be prevented by section 8 or 9 of the Act of 1991 from making the order sought by the application, the court shall direct that the document shall be treated as if it contained the application, and it may give such directions as it considers appropriate for the conduct of the proceedings in consequence of that direction.