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2. Order 53, rule 3 shall be amended as follows:—
(1) For paragraphs (2) and (3) there shall be substituted the following paragraphs:—
“(2) An application for leave must be made ex parte to a judge by filing in the Crown Office—
(a)a notice in Form No. 86A containing a statement of
(i)the name and description of the applicant,
(ii)the relief sought and the grounds upon which it is sought,
(iii)the name and address of the applicant's solicitors (if any), and
(iv)the applicant's address for service; and
(b)an affidavit verifying the facts relied on.
(3) The judge may determine the application without a hearing, unless a hearing is requested in the notice of application, and need not sit in open court; in any case, the Crown Office shall serve a copy of the judge's order on the applicant.
(4) Where the application for leave is refused by the judge, or is granted on terms, the applicant may renew it by applying—
(a)in any criminal cause or matter, to a Divisional Court of the Queen's Bench Division;
(b)in any other case, to a single judge sitting in open court or, if the Court so directs, to a Divisional Court of the Queen's Bench Division:
(5) In order to renew his application for leave the applicant must, within 10 days of being served with notice of the judge's refusal, lodge in the Crown Office notice of his intention in Form No. 86B.”.
(2) Paragraphs (8) and (9) shall be omitted and the existing paragraphs (4), (5), (6) and (7) shall be renumbered (6), (7), (8) and (9) respectively.
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