Part 5A company’s name
Chapter 3Similarity to other names
Similarity to other name in which person has goodwill
71Procedural rules
1
The Secretary of State may make rules about proceedings before a company names adjudicator.
2
The rules may, in particular, make provision—
a
as to how an application is to be made and the form and content of an application or other documents;
b
for fees to be charged;
c
about the service of documents and the consequences of failure to serve them;
d
as to the form and manner in which evidence is to be given;
e
for circumstances in which hearings are required and those in which they are not;
f
for cases to be heard by more than one adjudicator;
g
setting time limits for anything required to be done in connection with the proceedings (and allowing for such limits to be extended, even if they have expired);
h
enabling the adjudicator to strike out an application, or any defence, in whole or in part—
i
on the ground that it is vexatious, has no reasonable prospect of success or is otherwise misconceived, or
ii
for failure to comply with the requirements of the rules;
i
conferring power to order security for costs (in Scotland, caution for expenses);
j
as to how far proceedings are to be held in public;
k
requiring one party to bear the costs (in Scotland, expenses) of another and as to the taxing (or settling) the amount of such costs (or expenses).
3
The rules may confer on the Chief Adjudicator power to determine any matter that could be the subject of provision in the rules.
4
Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.