OpenLegislation

Article 55

Original text. Later amendments are not shown.

(1)

Where an application under section 26 of the Act is made by a person other than the Director, the applicant shall serve a copy of the notice and affidavit on the Director, who shall be made a respondent to the application.

(2)

Where an application is made by the Director under section 26 or 35 of the Act, the Director—

(a)

shall, unless all the parties to the agreement are treated under sub-paragraph (c) as represented by an association, serve copies of the notice and affidavit on one or more parties to the agreement, who shall be made respondents to the application and (subject to any directions of the Court) be treated as representing such other parties, if any, to the agreement as the Director may specify; and

(b)

shall, in any case where he intends to apply for an order under section 35(3) of the Act against an association or any person acting on behalf of an association, serve such copies on the association, which shall be made a respondent to the application; and

(c)

may, if he thinks fit, serve such copies on any association whose members include parties to the agreement (notwithstanding that the association is not itself a party thereto), and that association shall thereupon be made a respondent to the application and be treated as representing such other parties, if any, to the agreement as the Director may specify.

(3)

Where, by virtue of paragraph (2), any parties to an agreement fall to be treated as being represented by a respondent to the application—

(a)

the Director shall—

(i)

inform them of the proceedings by notice in writing and, unless he is satisfied that such notice has been given to all of them, by advertisement in the manner described in rule 5(2)(c); and

(ii)

file with the proper officer of the Court an affidavit such as is referred to in rule 5(2)(d); and

(b)

the provisions of rule 6 (except paragraph (4) thereof) shall apply with the necessary modifications.