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34.17.—(1) This rule applies where—
(a)a magistrates’ court has made a provisional order by virtue of section 3 of the 1972 Act;
(b)before the order is confirmed, evidence is taken by the court or received by it as set out in section 5(9) of the 1972 Act; and
(c)on consideration of the evidence the court considers that the order ought not to have been made.
(Section 5(9) of the 1972 Act provides that a magistrates’ court may revoke a provisional order made by it, before the order has been confirmed in a reciprocating country, if it receives new evidence.)
(2) The court officer must serve on the person who applied for the provisional order (“the applicant”) a notice which must—
(a)set out the evidence taken or received by the court;
(b)inform the applicant that the court considers that the order ought not to have been made; and
(c)inform the applicant that the applicant may—
(i)make representations in relation to that evidence either orally or in writing; and
(ii)adduce further evidence.
(3) If an applicant wishes to adduce further evidence—
(a)the applicant must notify the court officer at the court which made the order;
(b)the court will fix a date for the hearing of the evidence; and
(c)the court officer will notify the applicant in writing of the date fixed.
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