OpenLegislation

Article 4

Original text. Later amendments are not shown.

Order 53, rule 5 shall be amended as follows:—

(1)

For paragraphs (1) and (2) of rule 5 there shall be substituted the following paragraphs:—

“(1)

In any criminal cause or matter where leave has been granted to make an application for judicial review, the application shall be made by originating motion to a Divisional Court of the Queen's Bench Division.

(2)

In any other such cause or matter, the application shall be made by originating motion to a judge sitting in open court, unless the Court directs that it shall be made—

(a)

by originating summons to a judge in chambers; or

(b)

by originating motion to a Divisional Court of the Queen's Bench Division.

Any direction under sub-paragraph (a) shall be without prejudice to the judge's powers under Order 32, rule 13.”.

(2)

In paragraph (4) the words “the day named therein for” shall be omitted.