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5.—(1) This rule applies to proceedings in a magistrates' court to deal with a contempt of court under section 18 of the Act of 1996.
(2) In its application to proceedings to which this rule applies, the Magistrates' Courts Act 1980 (“the Act”) shall have effect subject to the modifications contained in the following provisions of this rule (being provisions equivalent to those in Schedule 3 to the Contempt of Court Act 1981(1) subject to modifications which the Lord Chancellor considers appropriate after consultation with the rule committee for magistrates' courts).
(3) Where proceedings to which this rule applies are taken of the court’s own motion the provisions of the Act listed in paragraph (4) below shall apply as if a complaint had been made against the person against whom the proceedings are taken and subject to the modifications specified in paragraphs (5) and (6) below.
(4) The provisions referred to in paragraph (3) above are—
(a)section 51 (issue of summons);
(b)section 53(1) and (2) (procedure on hearing);
(c)section 54 (adjournment);
(d)section 55 (non-appearance of defendant);
(e)section 97(1) (summons to witness);
(f)section 101 (onus of proving exceptions etc.);
(g)section 121(1) and (3)(a) (constitution and place of sitting of court); and
(h)section 123 (defect in process).
(5) In section 55—
(a)in subsection (1) for the words “the complainant appears but the defendant does not” there shall be substituted the words “the defendant does not appear”; and
(b)in subsection (2) the words “if the complaint has been substantiated on oath, and” shall be omitted.
(6) In section 123, in subsections (1) and (2) the words “adduced on behalf of the prosecutor or complainant” shall be omitted.
(7) Where proceedings to which this rule applies are taken by way of complaint for an order—
(a)section 127 of the Act (limitation of time) shall not apply to the complaint;
(b)the complaint may be made by the prosecutor or by any other person claiming to have an interest in the object, or in any information recorded in an object, the use or disclosure of which is alleged to contravene section 17 of the Act of 1996; and
(c)the complaint shall be made to the clerk of the magistrates' court which conducted or is conducting the proceedings for whose purposes the object mentioned in sub-paragraph (b) above was given or inspected.
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