The Civil Procedure Rules 1998

[F1 SECTION 2 E+W Applications to the High Court relating to derogating control orders

Textual Amendments

F1 Pt. 76 inserted (14.3.2005) by The Civil Procedure (Amendment No. 2) Rules 2005 (S.I. 2005/656), rule 1, Sch.

Scope of this section E+W

76.3.— (1) This section of this Part contains rules about applications relating to derogating control orders.

(2) Part 23 does not apply to an application made under this section of this Part.

Applications for the making of a derogating control order E+W

76.4.   An application for the making of a derogating control order under section 4(1) of the Act must be made by the Secretary of State by filing with the court—

(a) a statement of reasons to support the application for—

(i) making such an order, and

(ii) imposing each of the obligations to be imposed by that order;

(b) all relevant material;

(c) any written submissions; and

(d) a draft of the order sought.

Directions for a full hearing on notice E+W

76.5.— (1) When the court makes a derogating control order under section 4(3) of the Act it must—

(a) immediately fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

(b) unless the court otherwise directs, that date must be no later than 7 days from the date that the order is made.

(2) At the hearing referred to in paragraph (1)(a) the court must give directions—

(a) for the holding of a full hearing under section 4(1)(b) of the Act to determine whether to confirm the control order (with or without modifications) or to revoke it; and

(b) specifying the date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 76.30.

(3) When giving directions under paragraph (2), the court must have regard to the need to expedite the full hearing.

Applications on notice E+W

76.6.— (1) An application under section 4(9) for the renewal, or under section 7(4) of the Act, for the revocation of a control order or for the modification of obligations imposed by such an order, must be made in accordance with this rule.

(2) An application by the Secretary of State must be made by—

(a) filing with the court—

(i) a statement of reasons to support the application,

(ii) all relevant material,

(iii) any written submissions, and

(iv) a draft of the order sought; and

(b) serving on the controlled person or his legal representative any open material.

(3) An application by the controlled person must be made by filing with the court and serving on the Secretary of State—

(a) a statement of reasons to support the application;

(b) any written evidence upon which he relies;

(c) any written submissions; and

(d) where appropriate, a draft of the order sought.

(4) If the controlled person wishes to oppose an application made under this rule, he must as soon as practicable file with the court, and serve on the Secretary of State, any written evidence and any written submissions upon which he relies.

(5) If the Secretary of State wishes to oppose an application made under this rule, he must as soon as practicable—

(a) file with the court—

(i) all relevant material, and

(ii) any written submissions; and

(b) serve on the controlled person any open material.

(Attention is drawn to rule 76.18 relating to the address for issuing proceedings in the High Court. Rules 76.28 and 76.29 will apply where any closed material is filed by the Secretary of State).]