Article 11 Transfer of proceedings

After rule 9E as inserted by rule 10 of these Rules, insert—

“Transfer of proceedings

9F.

(1)

Any person who is a party to, or affected by, proceedings to which these Rules apply may, at any time, make an application to the court dealing with the matter for the proceedings to be transferred to a different magistrates’ court.

(2)

Any such application must be made in writing and sent to the court in which the proceedings are being dealt with and must specify the grounds on which it is made.

(3)

The court must send a copy of the application to the parties to the proceedings and any other person affected by the proceedings.

(4)

The court must fix a date for the hearing of the application, which, unless directed otherwise, shall not be earlier than seven days from the date on which it is fixed, and must notify the date to the applicant and every person to whom a copy of the application is required to be sent under paragraph (3).

(5)

The court may grant the application if it is satisfied that it would be more convenient or fairer for proceedings to be transferred to a different court.

(6)

If the application is granted—

(a)

the court must give a copy of the order to the parties to the proceedings and any other person affected by the proceedings;

(b)

the court must send all relevant papers to the designated officer for the court to which proceedings are transferred;

(c)

any further proceedings to which these Rules apply in respect of the property to which the proceedings relate must be dealt with in the court to which proceedings are transferred;

(d)

any requirement under these Rules to make or send an application to a court shall be read as a requirement to make or send an application to the court to which proceedings are transferred.”