OpenLegislation

Article 57

Original text. Later amendments are not shown.

(1)

An application by the Director to the Court under section 37 of the Act shall be made ex parte by notice in writing 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 persons against whom the order is sought.

(2)

A notice under paragraph (1) shall be issued by being sealed with the Court's seal by the proper officer of the Court and, when issued, shall be returned to the Director, who shall—

(a)

leave a copy to be filed with the proper officer; and

(b)

at the same time file with the proper officer an affidavit setting out the information the Director requires, the steps he has taken under section 36 of the Act to obtain that information from the persons specified in the notice and the facts and matters relied on in support of the application.

(3)

If the Director is seeking an order against any person in his capacity as an officer of, or person employed by, a body corporate or an unincorporated association, the affidavit referred to in paragraph (2) shall state the office or post held by that person.

(4)

The notes of the examination of any person taken in pursuance of an order under section 37 of the Act shall be filed with the proper officer of the Court.