OpenLegislation

Article 17 Interpretation

Original text. Later amendments are not shown.

In rule 62 (alteration of time limits)—

(a)

in paragraph (1), for the sentence beginning “may, at the request of the person or party concerned,” to the end of the paragraph, substitute “subject to paragraph (2) below, may, at the written request of the person or party concerned, be extended by the registrar as he thinks fit and upon such terms as he may direct.”;

(b)

for paragraph (2) substitute—

“(2)

Where a request for the extension of a time or periods prescribed by these Rules—

(a)

is sought in respect of a time or periods prescribed by rules 13, 18, 23, or 25, the party seeking the extension shall send a copy of the request to each person party to the proceedings;

(b)

is filed after the application has been published under rule 12 above, the request shall be on Form TM9 and shall in any other case be on that form if the registrar so directs.”;

(c)

for paragraph (3) substitute:

“(3)

The rules excepted from paragraph (1) above are rule 10(6) (failure to file address for service), rule 11 (deficiencies in application), rule 13(1) (time for filing opposition), rule 13(2) (time for filing counter-statement), rule 23(4) (time for filing opposition), rule 25(3) (time for filing opposition), rule 29 (delayed renewal), rule 30 (restoration of registration), and rule 41 (time for filing opposition).”;

(d)

in paragraph (5), for the words “and it appears to him that any extension would not disadvantage any other person or party affected by it” substitute “and it appears to him to be just and equitable to do so”;

(e)

after paragraph (6), insert—

“(7)

Without prejudice to the above, in the case of any irregularity or prospective irregularity in or before the Office or the registrar which—

(a)

consists of a failure to comply with any limitation as to times or periods specified in the Act, these Rules or the old law as that law continues to apply and which has occurred or appears to the registrar as likely to occur in the absence of a direction under this rule, and

(b)

is attributable wholly or in part to an error, default or omission on the part of the Office or the registrar and which it appears to him should be rectified,

he may direct that the time or period in question shall be altered in such manner as he may specify upon such terms as he may direct.”.