- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
73.—(1) Unless the court otherwise directs, the parties to any proceedings are—
(a)the applicant; and
(b)any person who is named as a respondent in the application form and who files an acknowledgment of service in respect of the application form.
(2) The court may order a person to be joined as a party if it considers that it is desirable to do so for the purpose of dealing with the application.
(3) The court may at any time direct that any person who is a party to the proceedings is to be removed as a party.
(4) Unless the court orders otherwise, P shall not be named as a respondent to any proceedings.
(5) A party to the proceedings is bound by any order or direction of the court made in the course of those proceedings.
74.—(1) The persons mentioned in paragraph (2) shall be bound by any order made or directions given by the court in the same way that a party to the proceedings is so bound.
(2) The persons referred to in paragraph (1) are—
(a)P; and
(b)any person who has been served with or notified of an application form in accordance with these Rules.
75.—(1) Any person with sufficient interest may apply to the court to be joined as a party to the proceedings.
(2) An application to be joined as a party must be made by filing an application notice in accordance with Part 10 which must—
(a)state the full name and address of the person seeking to be joined as a party to the proceedings;
(b)state his interest in the proceedings;
(c)state whether he consents to the application;
(d)state whether he opposes the application and, if so, set out the grounds for doing so;
(e)state whether he proposes that an order different from that set out in the application form should be made and, if so, set out what that order is;
(f)provide an address for service, which must be within the jurisdiction of the court; and
(g)be signed by him or his legal representative.
(3) Subject to rules 120 and 123 (restriction on filing an expert’s report and court’s power to restrict expert evidence), an application to be joined must be accompanied by—
(a)a witness statement containing evidence of his interest in the proceedings and, if he proposes that an order different from that set out in the application form should be made, the evidence on which he intends to rely; and
(b)a sufficient number of copies of the application notice to enable service of the application on every other party to the proceedings.
(4) The court will serve the application notice and any accompanying documents on all parties to the proceedings.
(5) The court will consider whether to join a person applying under this rule as a party to the proceedings and, if it decides to do so, will make an order to that effect.
76. A person who wishes to be removed as a party to the proceedings must apply to the court for an order to that effect in accordance with Part 10.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: