The Family Procedure (Adoption) Rules 2005

Exercise of powers of court’s own initiative

13.—(1) Except where an enactment provides otherwise, the court may exercise the powers in rule 12 on an application or of its own initiative.

• (Part 9 sets out the procedure for making an application.)

(2) Where the court proposes to exercise its powers of its own initiative—

(a) it may give any person likely to be affected an opportunity to make representations; and

(b) where it does so it must specify the time by and the manner in which the representations must be made.

(3) Where the court proposes to hold a hearing to decide whether to exercise its powers of its own initiative it must give each party likely to be affected at least 3 days' notice of the hearing.

(4) The court may exercise its powers of its own initiative, without hearing the parties or giving them an opportunity to make representations.

(5) Where the court has exercised its powers under paragraph (4)—

(a) a party affected by the direction may apply to have it set aside or varied; and

(b) the direction must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made—

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, within 7 days beginning with the date on which the order was served on the party making the application.

(7) If the High Court or a county court of its own initiative dismisses an application (including an application for permission to appeal) and it considers that the application is totally without merit—

(a) the court’s order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.