# The Restrictive Practices Court (Protection of Consumers) Rules 1976, Article 3


(1) Proceedings before the Court under section 35 or 38 of the Act shall be instituted by a notice of application issued out of the central office of the Court, or the office of the Court in Scotland or Northern Ireland, as the case may be, specifying the part of the United Kingdom in which the hearing is to take place and the persons against whom an order is sought, and containing the particulars and other information required by this rule.
(2) Every notice of application shall contain particulars of—
(a) the person carrying on a business;
(b) the course of conduct complained of;
(c) the ground or grounds upon which it is alleged that the course of conduct is—
(i) detrimental to the interests of consumers in the United Kingdom, and
(ii) to be regarded as unfair to consumers;
(d) the facts and matters on which the Director intends to rely in order to show that the person carrying on a business—
(i) has persisted in the course of conduct, and
(ii) has so persisted in the course of that business.
(3) A notice of application under section 35 of the Act shall further state—
(a) that the Director is unable, despite his best endeavours (of which particulars shall be given), to obtain a satisfactory written assurance from the person carrying on a business that he will refrain from continuing the course of conduct complained of and from carrying on any similar course of conduct in the course of that business; or
(b) the facts and matters from which it appears to the Director that the person who has given such an assurance has failed to observe it.
(4) A notice of application under section 38 of the Act shall further state—
(a) the name and address of each alleged accessory;
(b) (except where the same notice of application relates to proceedings under section 35 as well as under section 38), whether or not proceedings have been commenced under section 35 against the body corporate, and if so where and when they were commenced and what stage they have reached;
(c) the facts and matters from which it appears to the Director that each alleged accessory—
(i) consented to or connived at the course of conduct, and
(ii) fulfilled at a material time, which shall also be stated, the relevant conditions in relation to the body corporate;
(d) in relation to each alleged accessory, the particulars corresponding to those required by paragraph (3) of this rule in relation to a person carrying on a business.
(5) If the Director, in reliance on section 11 of the Civil Evidence Act 1968, section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, section 7 of the Civil Evidence Act (Northern Ireland) 1971 or section 36(2) of the Act, intends to adduce evidence of a conviction or a finding of breach of contract or breach of duty in civil proceedings he must include in the notice of application under this rule a statement of his intention with particulars of—
(a) the conviction or finding and the date thereof;
(b) the court which made the conviction or finding and, in the case of a finding, the proceedings in which it was made;
(c) the person or persons convicted or, as the case may be, against whom the finding was made; and
(d) the issue in the proceedings to which the conviction or finding is relevant.
(6) A notice of application shall be accompanied by a list of all documents relevant to the application which are or have been in the Director's possession or power.

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Source: https://www.legislation.gov.uk/uksi/1976/1898/article/3 (the official version)
Page: https://openlegislation.uk/restrictive-practices-court-protection-of-consumers-rules-1976/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

