Rule 5 Amendments to the Rules of the Supreme Court (Northern Ireland) 1980

after rule 1(2)(5) insert—

“(s)

The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 and the Electricity Regulations (Northern Ireland) 2007.”;

after rule 12 insert —

“The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 and the Electricity Regulations (Northern Ireland) 2007

13.

In rules 12 to 14—

• “the 2007 Order” means the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007^f1;

• “the 2007 Regulations” means the Electricity Regulations (Northern Ireland) 2007^f2;

• “the Authority” means the Northern Ireland Authority for Utility Regulation; and

• “the defendant” means the occupier of the premises to which the warrant relates.

Registration in the High Court of an order under paragraph 16 or 17 of Schedule 1 to the 2007 Order or regulation 33(1) of the 2007 Regulations

14.

An order under paragraph 16 or 17 of Schedule 1 to the 2007 Order, or under regulation 33(1) of the 2007 Regulations shall be registered by lodging in the Chancery Office a certified copy of the order.

Application for a warrant under paragraph 2 of Schedule 3 to the 2007 Order

15.

The jurisdiction of the Court under paragraph 2 of Schedule 3 to the 2007 Order may be exercised by a judge in chambers.

16.

(1)

An application for a warrant under paragraph 2 of Schedule 3 to the 2007 Order shall be made by originating summons.

(2)

An originating summons under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the 2007 Order.

(3)

An application shall be supported by an affidavit which shall state—

(a)

that a warrant is sought under paragraph 2 of Schedule 3 to the 2007 Order;

(b)

the address or other identification of the premises to which the warrant relates and the connection between the defendant and those premises;

(c)

the details of any other possible occupants of those premises;

(d)

the subject matter and purpose of the investigation to which the warrant relates and the nature of the suspected offences under paragraph 4 of Schedule 3 to the 2007 Order;

(e)

the anticipated date for the execution of the warrant;

(f)

the name(s) of the officer(s) of the Authority who will execute the warrant and whose name(s) will appear on the warrant;

(g)

the position held by the named officer(s) of the Authority; and

shall be accompanied by a draft of the warrant being sought.

(4)

A copy of the authorisation containing the name(s) of the named officer(s) of the Authority shall be annexed to the affidavit.

(5)

Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

(6)

The summons, affidavit and draft warrant shall be lodged with the Court no less than two clear days before the date fixed for hearing of the summons.

(7)

The warrant shall be in Form No. 75.”.