Article 7 Parties

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

rule 7(3)(a) words inserted by Magistrates' Courts 2005 Sch. 1 para. 39(a)
rule 7(3)(a)(b) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 93
rule 7(3)(b)(i) words inserted by Magistrates' Courts 2005 Sch. 1 para. 39(b)
rule 7(3)(b)(ii) words inserted by Magistrates' Courts 2005 Sch. 1 para. 39(a)

(1)

The respondents to relevant proceedings shall be those persons set out in the relevant entry in column (iii) of Schedule 2 to these Rules.

(2)

In any relevant proceedings a person may file a request in writing that he or another person–

(a)

be joined as a party, or

(b)

cease to be a party.

(3)

On considering a request under paragraph (2) the court shall, subject to paragraph (4)–

(a)

grant it without a hearing or representations, save that this shall be done only in the case of a request under paragraph (2)(a), whereupon the justices' clerk shall inform the parties and the person making the request of that decision, or

(b)

order that a date be fixed for the consideration of the request, whereupon the justices' clerk shall give notice of the date so fixed, together with a copy of the request–

(i)

in the case of a request under paragraph (2)(a), to the applicant, and

(ii)

in the case of a request under paragraph (2)(b), to the parties, or

(c)

invite the parties or any of them to make written representations, within a specified period, as to whether the request should be granted; and upon the expiry of the period the court shall act in accordance with sub-paragraph (a) or (b).

(4)

Where a person with parental responsibility requests that he be joined under paragraph (2)(a), the court shall grant his request.

(5)

In any relevant proceedings the court may direct–

(a)

that a person who would not otherwise be a respondent under these Rules be joined as a party to the proceedings, or

(b)

that a party to the proceedings cease to be a party.