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Article 5 Discharge or variation of a special measures direction

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

(1)

An application to the court to discharge or vary a special measures direction under section 20(2) of the Act must be in writing and each material change of circumstances which the applicant alleges has occurred since the direction was made must be set out.

(2)

An application under paragraph (1) above must be sent to the justices' chief executive for the court as soon as reasonably practicable after the change of circumstances occurs.

(3)

The applicant must also send copies of the application to each party to the proceedings at the same time as the application is sent to the justices' chief executive for the court.

(4)

A party to whom an application is sent in accordance with paragraph (3) above may oppose the application on the ground that it discloses no material change of circumstances.

(5)

Rule 2(6) to (12) above shall apply to an application to discharge or vary a special measures direction as it applies to an application for a direction.