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The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Type Ni-Statutory-Rule

Publication 1980-10-01

Last updated 2025-07-11

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Claims for possession: non-appearance by a defendant

4

(1) [^f00557] Where in a mortgage action in the Chancery Division begun by originating summons, being an action in which the plaintiff is the mortgagee and claims delivery of possession or payment of moneys secured by the mortgage or both, any defendant fails to enter an appearance, the following provisions of this rule shall apply, and references in those provisions to the defendant shall be construed as references to any such defendant.

This rule shall not be taken as affecting Order 28, rule 3, or rule 5(2), in so far as it requires any document to be served on, or notice given to, a defendant who has entered an appearance in the action.

(2) Not less than 4 clear days before the day fixed for the first hearing of the originating summons the plaintiff must serve on the defendant a copy of the notice of appointment for the hearing and a copy of the affidavit in support of the summons.

[[^f00558] ...]

(3) [^f00559]] Where the hearing is adjourned, then, subject to any directions given by the Court, the plaintiff must serve notice of the appointment for the adjourned hearing, together with a copy of any further affidavit intended to be used at that hearing, on the defendant not less than 2 clear days before the day fixed for the hearing.

[[^f00560] ...]

(4) [^f00559]] Service under paragraph (2) or [[^f00561] (3)], and the manner in which it was effected may be proved by a certificate signed by the plaintiff, if he sues in person, and otherwise by his solicitor.

The certificate may be indorsed on the affidavit in support of the summons or, as the case may be, on any further affidavit intended to be used at an adjourned hearing.

[[^f00562] ...]

(5) [^f00563]] Where the plaintiff gives notice to the defendant under Order 3, rule 6, of his intention to proceed, service of the notice, and the manner in which it was effected may be proved by a certificate signed as mentioned in paragraph [[^f00561] (4)].

[ Claim for possession: notice to be sent to defendant in default of payment

4A

(1) [^f00565] Where the plaintiff—

(a) claims in a mortgage action delivery of possession of land which comprises or includes a dwelling house because of failure to pay monies secured by the mortgage; or

(b) applies for the removal or variation of a stay or suspension contained in an order for delivery of possession made as a result of such a claim in a mortgage action relating to such land,

he shall, when serving a copy of the notice of appointment or any summons (not being an originating summons) for such a claim or application also serve on the defendant a notice in Form No. 10A in Appendix A.]

(2) Paragraph (4) of rule 4 shall apply to service of a notice under this rule as it applies to service under paragraph (2) or (3) of that rule save that a copy of the notice in Form 10A [[^f00566] ...] shall be attached to the certificate proving service.]

Claim for possession of land: notice to occupiers

4B

(1) [^f00567] Where the plaintiff—

(a) claims in a mortgage action delivery of possession of land which comprises or includes a dwelling house, or

(b) applies for the removal or variation of a stay or suspension contained in an order for delivery of possession as a result of such a claim made in a mortgage action,

he shall, not less than four clear days before the date fixed for the first hearing of the summons or application and unless the court otherwise directs, post to or insert through the letter box at the property a sealed envelope addressed to “The Occupier” and containing a notice in Form 10C of Appendix A.

(2) Paragraph (4) of rule 4 shall apply to service of a notice under this rule as it applies to service under paragraph (2) or (3) of that rule save that a copy of the notice in Form 10C shall be attached to the certificate proving service.]

Action in Chancery Division for possession or payment: evidence

5

(1) [^f00568]] The affidavit in support of the originating summons by which an action [[^f00569] (other than an action to which rule 5A applies)] to which this rule applies is begun must comply with the following provisions of this rule.

This rule applies to a mortgage action in the Chancery Division begun by originated summons in which the plaintiff is the mortgagee and claims delivery of possession or payment of moneys secured by the mortgage or both.

(2) [^f00570] The affidavit must exhibit—

(a) the original mortgage or a true copy thereof, and

(b) where the mortgage secures a regulated agreement, the original agreement or a true copy thereof

and the original mortgage (or, in the case of a registered charge, the certificate of charge) and the original agreement must be produced at the hearing of the summons.]

(2A) [^f01016] The affidavit must state whether the debt which is secured by the mortgage arose under a regulated agreement and, if so, specify—

(a) the date on which any notice required by section 76 or section 87 of the Act of 1974 was given,

(b) where the plaintiff has obtained or is now applying for an enforcement order, particulars of any enforcement order obtained or, as the case may be, the circumstances which render such an order necessary, and

(3) Where the plaintiff claims delivery of possession the affidavit must show the circumstances under which the right to possession arises and, except where the Court in any case or class of case otherwise directs, the state of the account between the mortgagor and mortgagee with particulars of—

(a) the amount of the advance;

(b) [^f01017] the amount of the periodic repayments and payments of interest required to be made;

(bb) the rate of interest payable—

(i) at the commencement of the mortgage;

(ii) at the commencement of the proceedings; and

(iii) at the date of the affidavit,]

(c) the amount of any interest or instalments in arrears at the date of issue of the originating summons and at the date of the affidavit; and

(d) the amount remaining due under the mortgage.

(4) [^f01018] Where the plaintiff claims delivery of possession, the affidavit must—

(a) [^f01019] give particulars of the inquiries made as to the occupation of the mortgaged property and of the plaintiff’s knowledge, information and belief as to—

(i) whether or not the property is occupied; and

(ii) if it is believed to be occupied, the identity of every person believed to be in occupation.]

(b) state, in the case of a dwelling house, whether a charge has been registered pursuant to Article 6 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 [[^f01020] or Article 6 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998[^f01021]] and if so, on whose behalf, and whether he has served notice of the proceedings on the person on whose behalf the charge is registered.]

(5) If the mortgage creates a tenancy other than a tenancy at will between the mortgagor and the mortgagee, the affidavit must show how and when the tenancy was determined and if by service of notice when the notice was duly served.

(6) [^f01022] Where the plaintiff claims payment of moneys secured by a mortgage, the affidavit must show how the payment is calculated, including—

(a) the amount of the advance and the amounts and dates of any periodic payments and any interest claimed;

(b) the amount which would have been paid (after taking into account any adjustment for early settlement) in order to redeem the mortgage at the date of commencement of the proceedings and at a stated date not more than 14 days after the date of commencement of the proceedings, specifying the amount of the solicitor’s costs and administrative charges which would be payable;

(c) the dates between which a particular rate of interest applied, the number of days in that period and the capital on which the interest was calculated.]

(7) Where the plaintiff’s claim includes a claim for interest to judgment, the affidavit must state the amount of a day’s interest.

[ Action for the enforcement of orders charging land by sale

5A

(1) This rule applies to a mortgage action in the Chancery Division [[^f00572] for possession] to enforce an order charging land by sale of the property charged.

(2) The affidavit in support of the originating summons must—

(a) identify the charging order sought to be enforced and the subject matter of the charge;

(b) specify the amount in respect of which the charge was imposed and the balance outstanding at the date of the affidavit;

(d) identify any prior incumbrances on the property charged, stating, so far as is known, the name and addresses of the incumbrancers and the amounts owing to them;

(e) set out the plaintiff’s proposals as to the manner of sale of the property charged together with estimates of the gross price which would be obtained on a sale in that manner and of the costs of such a sale; and

(f) where the property charged consists of land in respect of which the plaintiff claims delivery of possession—

(i) give particulars of every person who to the best of the plaintiff’s knowledge is in possession of the property charged or any part of it; and

(ii) state, in the case of a dwelling house, whether a charge has been registered pursuant to Article 6 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 [[^f00573] or Article 6 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998[^f00574]] and if so, on whose behalf, and whether he has served notice of the proceedings on the person on whose behalf the charge is registered.]

(3) [^f00575] In an action to which this rule applies—

(a) where the amount owing to a prior incumbrancer is unknown the plaintiff shall, not less than 4 clear days before the date fixed for the first hearing of the summons, serve upon that incumbrancer notice bearing the title and record number of the action and stating—

(i) the relief sought by the plaintiff in the action;

(ii) that the plaintiff is unaware of the amount (if any) owing to the prior incumbrancer and secured against the mortgaged property;

(iii) that the prior incumbrancer may apply to intervene in the proceedings if for any reason he thinks fit; and

(iv) the date, time and place fixed for the hearing;

(b) the court may direct an account to be taken of all incumbrances subsequent as well as prior to or contemporaneous with the plaintiff’s demand and an inquiry as to their respective priorities and the court may make an order for delivery of possession conditional on the result of such an account and inquiry.]

Action by writ: judgment in default

6

(1) [^f00576]] Notwithstanding anything in Order 13 or Order 19, in a mortgage action begun by writ judgment in default of appearance or in default of defence shall not be entered except with the leave of the Court.

(2) An application for the grant of leave under this rule must be made by summons and the summons must, notwithstanding anything in Order 65, rule 9, be served on the defendant.

(3) Where a summons for leave under this rule is issued in an action in the Chancery Division, [[^f00577] rule 4(2) to (6)] shall apply in relation to the action subject to the modification that for references therein to the originating summons, and for the reference in paragraph (2) to the notice of appointment there shall be substituted reference to the summons.

(4) Where a summons for leave under this rule is issued in an action to which rule [[^f00578] 5] would apply had the action been begun by originating summons, the affidavit in support of the summons must contain the information required by that rule.

Action for sale of mortgaged property: parties: disposal of surplus proceeds of sale: sale of unsold property

7

(1) [^f00579]] This rule applies to a mortgage action in the Chancery Division in which the plaintiff is a mortgagee and claims sale of the mortgaged property.

(2) Notwithstanding anything in Order 15, rule 4(2), and without prejudice to the powers of the Court under that Order, no other mortgagee or trustee for such mortgagee need to be a party to the action unless he is in actual possession or receipt of the rents and profits of the mortgaged property.

(3) A person at whose suit or for whose benefit a receiver has been appointed, or continues to receive the rents and profits of the mortgaged property, shall not be deemed to be in receipt of such rents and profits within the meaning of paragraph (2).

(4) Where mortgaged property has been sold and surplus produce of such sale remains in court after payment of the demands and costs of the plaintiff and prior and contemporaneous mortgages, the Court may order such surplus to be distributed amongst the mortgagees who have proved their demand in the action under an inquiry directed pursuant to paragraph (6), according to their priorities.

(5) Where any part of the mortgaged property the subject to such action remains unsold after payment of the plaintiff’s demand, and prior and contemporaneous mortgages, any mortgagee subsequent in order of priority to the demand of the plaintiff may apply to the Court for an order directing a sale of such unsold property, or a competent part thereof, for payment of the demands subsequent to that of the plaintiff which have been proved as aforesaid, and the Court may direct such sale if it shall be of opinion that such mortgagees, or any of them, would be entitled to have their demands raised by a sale of such property, or may direct a receiver to be appointed or continued over such unsold property, for the benefit of such subsequent mortgagees, and distribute the funds to be received by such receiver accordingly.

(6) Subject to paragraph (7), an order for sale in a mortgage action [[^f00580] may] direct an account to be taken of all mortgages subsequent as well as prior to, or contemporaneous with, the plaintiff’s demand, and an inquiry as to the respective priorities of all such demands as shall be proved.

(7) [^f00581] If the Court, on directing such an account, shall be of the opinion that extending it to mortgages subsequent to the demand of the plaintiff will improperly delay the plaintiff in recovering his demand, the account may be confined to the rights of the plaintiff and of mortgages prior to and contemporaneous with him.]

Application

1

The rules of this Order shall apply for the purposes of avoiding conflict and of co-ordinating jurisdiction exercised in relation to any person under disability.

Interpretation

2

In this Order—

“the assigned judge” includes any judge who exercises jurisdiction in a cause or matter assigned to the assigned judge referred to in section 29 of the Act;

“the seised judge” means any judge, including the assigned judge, referred to in section 29 of the Act, who exercises jurisdiction in any other cause or matter;

the expression “the assigned judge” and “the seised judge” include a master when exercising the corresponding jurisdiction;

“patient” means a person under disability, other than minority, the management of whose affairs is under the control of the Court;

“person under disability” means a person who is a minor or a person who by reason of mental disorder within the meaning of the Mental Health Act (Northern Ireland) 1961[^f00582] is incapable of managing and administering his property and affairs.

Powers of seised judge

3

(1) Where a cause or matter affecting a person under disability is brought before the seised judge or any question affecting such a person arises in a cause or matter so brought, the seised judge may—

(a) make an order making a minor a ward of court, if he considers it proper to do so, and shall thereupon transfer the matter of the wardship to the assigned judge;

(b) refer the question of wardship to the assigned judge;

(c) where a question arising in the proceedings affects the welfare (including the care, custody and control) or property of a person under disability either—

(i) refer the question to the assigned judge; or

(ii) make such order as he considers necessary to dispose of the question (not being an order which conflicts with an order previously made in wardship proceedings in Northern Ireland affecting a minor).

(2) Any order made under paragraph (1)(c)(ii) may be varied or discharged by the seised judge or the assigned judge.

Report by seised judge

4

The seised judge shall, when he makes an order under rule 3(1), furnish to the Office of Care and Protection for the use of the assigned judge a report on the relevant facts and proceedings together with such observations and recommendations as he thinks fit.

Powers of assigned judge

5

The assigned judge, when a cause or matter is transferred to him or a question is referred to him, may proceed as if it had originated before him.

Disability to be indorsed on writ etc.

6

(1) Where a person under disability who is a party to or otherwise affected by a cause or matter, other than a wardship application or a matter relating to patients, is a ward of court or a patient, this must be stated in the indorsement of the writ of summons or in the petition, originating summons or originating motion, as the case may be.

(2) Where a person becomes a ward of court or a patient while a cause of matter is pending, the party acting on behalf of that person must amend the proceedings so as to comply with paragraph (1) and give notice of the amendment to any other party.

Transmission of order

7

If the seised judge makes an order—

(a) which relates to a person under disability and which brings him within the jurisdiction of the Office of Care and Protection;

(b) which makes a minor a ward of court;

(d) which the judge directs to be transmitted pursuant to this rule,

a copy of the order shall be transmitted by the department in which the order is drawn up to the Office of Care and Protection.

[ I. GENERAL]

Interpretation

1

In this Order, “Office” means the Office of Care and Protection, and the Master means “the Master” (Care and Protection).

Assignment and commencement of proceedings

2

All proceedings to which this Order relates shall be assigned to the Family Division and shall be begun in the Office.

[ II. PROCEEDINGS RELATING TO MINORS]

Application to make a minor a ward of court

3

(1) An application to make a minor a ward of court must be made by originating summons issued out of the Office.

(2) Where there is no person other than the minor who is a suitable respondent, an application may be made ex parte to the Master for leave to issue either an ex parte originating summons or an originating summons with the minor as respondent thereto; and, except where such leave is granted, the minor shall not be made a respondent to an originating summons under this rule in the first instance.

(3) The date of the minor’s birth shall, unless otherwise directed, be stated in the summons and the applicant shall—

(a) on issuing the summons or before or at the first hearing thereof lodge in the Office a certified copy of the full entry in the Register of Births or, as the case may be, in the Adopted Children Register relating to the minor, or

(b) at the first hearing of the summons apply for directions as to proof of birth of the minor in some other manner.

(3A) [^f00585] The name of each party to the proceedings shall be qualified by a brief description, in the body of the summons, of his interest in, or relationship to, the minor.]

(4) Unless the Court otherwise directs, the summons shall state the whereabouts of the minor or, as the case may be, that the applicant is unaware of his whereabouts and shall be served on the respondent, the Director of the Health and Social Services Board for the area in which the minor ordinarily resides (except where the Director is the applicant) and on such other person or persons as the Master may direct.

(5) Every respondent other than the minor shall, forthwith after being served with the summons—

(a) lodge in the Office a notice stating the address of the respondent and the whereabouts of the minor or, as the case may be, that the respondent is unaware of his whereabouts, and

(b) unless the Court otherwise directs, serve a copy of the notice on the applicant.

(6) Where any party other than the minor changes his address or becomes aware of any change in the whereabouts of the minor after the issue or, as the case may be, service of the summons, he shall, unless the Court otherwise directs, forthwith lodge notice of the change in the Office and serve a copy of the notice on every other party.

(7) The summons shall contain a notice to the respondent informing him of the requirements of paragraphs (5) and (6).

(8) In this rule any reference to the whereabouts of a minor is a reference to the address at which and the person with whom he is living and any other information relevant to the question where he may be found.

Enforcement of order

4

The power of the High Court to secure compliance with any direction relating to a ward of court may be exercised by an order addressed to the Official Solicitor or such other person as the judge may nominate.

When minor ceases to be ward of court

5

(1) A minor who, by virtue of section 26(2) of the Act, becomes a ward of court on the issue of a summons under rule 3 shall cease to be a ward of court—

(a) if an application for an appointment for the hearing of the summons is not made within the period of 21 days after the issue of the summons, at the expiration of that period;

(b) if an application for such an appointment is made within that period, on the determination of the application made by the summons unless the Court hearing it orders that the minor be made a ward of court.

(2) Nothing in paragraph (1) shall be taken as affecting the power of the Court under section 26(3) of the Act to order that any minor who is for the time being a ward of court shall cease to a ward of court.

(3) If no application for an appointment for the hearing of a summons under rule 3 is made within the period of 21 days after the issue of the summons, a notice stating whether the applicant intends to proceed with the application made by the summons must be left at the Office immediately after the expiration of that period.

Jurisdiction of the Master

9

(1) In proceedings to which [[^f00587] this Part of] this Order applies, the Master may transact all such business and exercise all such authority and jurisdiction as may be transacted and exercised by a judge in chambers.

(2) Paragraph (1) is without prejudice to the power of the judge to whom the business of the Family Division has been assigned pursuant to section 17 of the Act to reserve to himself the transaction of any such business or the exercise of any such authority or jurisdiction.

[ III. CHILD ABDUCTION AND CUSTODY ACT 1985

Interpretation

10

In this Part of this Order, unless the context otherwise requires—

(a) “the Act” means the Child Abduction and Custody Act 1985 and words or expressions bear the same meaning as in the Act;

(b) “the Hague Convention” means the convention defined in section 1(1) of the Act and “the European Convention” means the convention defined in section 12(1) of the Act;

(c) [^f00589] “the Council Regulation” means the Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.]

Mode of application

11

(1) Except as otherwise provided by this Part, every application under the Hague Convention and the European Convention shall be made by originating summons, which shall be in Form No.6 in Appendix A and shall be issued out of the Office of Care and Protection.

(2) An application in custody proceedings for a declaration under section 23(2) of the Act shall be made by summons in those proceedings.

Contents of originating summons: general provisions

12

The originating summons under which any application is made under the Hague Convention or the European Convention shall state—

(a) the name and date of birth of the child in respect of whom the application is made;

(b) the names of the child’s parents or guardians;

(d) the interest of the plaintiff in the matter and the grounds of the application; and

(e) particulars of any proceedings (including proceedings of the jurisdiction and concluded proceedings) relating to the child

and shall be accompanied by all relevant documents including but not limited to the documents specified in Article 8 of the Hague Convention or, as the case may be, Article 13 of the European Convention.

Contents of originating summons: particular provisions

13

(1) In application under the Hague Convention, in addition to the matters specified in rule 12—

(a) the originating summons under which an application is made for the purposes of Article 8 for the return of a child shall state the identity of the person alleged to have removed or retained the child and, if different, the identity of the person with whom the child is alleged to be;

(b) the originating summons under which an application is made for the purposes of Article 15 for a declaration shall identify the proceedings in which the request that such a declaration be obtained was made.

(2) In application under the European Convention, in addition to the matters specified in rule 12 the originating summons shall identify the decision relating to custody or on rights of access which is sought to be registered or enforced or in relation to which a declaration that it is not to be recognised is sought.

(3) [^f00590] Where the application is one to which the Council Regulation also applies the originating summons shall identify—

(a) any details of measures taken by courts or authorities to ensure the protection of the child after its return to the Member State of habitual residence of which the applicant is aware; and

(b) details of any person with parental responsibility who is not already listed in accordance with rule 12.]

Defendants

14

The defendants to an application under the Act shall be—

(a) the person alleged to have brought into the United Kingdom the child in respect of whom an application under the Hague Convention is made;

(b) the person with whom the child is alleged to be;

(d) the person in whose favour a decision relating to custody has been made, if he is not already a party; and

(e) any other person who appears to the Court to have a sufficient interest in the welfare of the child.

Appearance

15

Notwithstanding Order 12, rule 9, the time limited for entering an appearance to an originating summons by which an application is made under the Hague Convention shall be 4 days after service of the originating summons (including the day of service) or, in the case of a defendant joined under rule 14(e), such time as the Court may direct.

Evidence and notice of appointment to hear summons

16

(1) Notwithstanding Order 28 rule 1A—

(a) the plaintiff on issuing an originating summons under the Hague Convention or the European Convention may lodge a statement in support of his application in the Office and shall serve a copy of the same on the defendant with the originating summons;

(b) a defendant to an application under the Hague Convention or the European Convention may within 7 days after service of the originating summons on him lodge affidavit evidence in the Office and serve a copy of the same on the plaintiff,

(c) the plaintiff in an application under the European Convention may within 7 days thereafter lodge in the Office a Statement in reply and serve a copy thereof on the defendant.

(2) Notwithstanding Order 28, rule 2, the plaintiff must at the time of issue of the originating summons obtain an appointment for the attendance of the parties before the Court for the hearing of the summons, and a day and time, not later than 14 days from the date of issue of the summons, shall be fixed by a notice in Form No.10 in Appendix A sealed by the proper officer.

(3) Order 28, rule 3(1), shall apply to a notice under the previous paragraph in the same manner as it applies to a notice under Order 28, rule 2.

Hearing

17

Any application under the Act (other than an application (a) to join a defendant (b) to dispense with service, or (c) for the transfer of proceedings) shall be heard and determined by a judge and shall be dealt with in chambers unless the Court otherwise directs.

Dispensing with service

18

The Court may dispense with service of any summons (whether originating or ordinary) in any proceedings under the Act.

Adjournment of Summons

19

Notwithstanding Order 28, rule 5, the hearing of the originating summons under which an application under the Hague Convention or the European Convention is made may be adjourned for a period not exceeding 21 days at a time.

Stay of Proceedings

20

(1) A party to proceedings under the Hague Convention shall, where he knows that an application relating to the merits of rights of custody is pending in or before a relevant authority, file in the Office a concise statement of the nature of the application which is pending, and of the authority before which it is pending.

(2) A party—

(a) to pending proceedings under section 16 of the Act, or

(b) to proceedings as a result of which a decision relating to custody has been registered under section 16 of the Act,

shall, where he knows that such an application is as specified in section 20(2) of the Act, [[^f00591], Article 21(2) of the Child Abduction and Custody (Jersey) Law 2005] [[^f00592] or section 42(2) of the Child Custody Act 1987 (an Act of the Tynwald)] is pending in or before a relevant authority, file a concise statement of the nature of the application which is pending.

(3) The proper officer shall in receipt of such a statement as is mentioned in paragraph (1) or (2) notify the relevant authority in which or before whom the application is pending and shall subsequently notify it or him of the results of the proceedings.

(4) On the Court receiving notification equivalent to that mentioned in paragraph (3) from the Court of Session, [[^f00592] the High Court in England and Wales [[^f00591], the Royal Court of Jersey] or the High Court of Justice of the Isle of Man]—

(a) Where proceedings relating to the merits of the rights of custody (as construed in section 9 of the Act) are pending before the court and the court receives notification equivalent to that mentioned in paragraph (3) from the Court of Session, [[^f00592] the High Court in England and Wales [[^f00591], the Royal Court of Jersey] or the High Court of Justice of the Isle of Man], those proceedings shall be stayed and the parties to the pending proceedings shall be notified by the proper officer accordingly.

(b) Where pending proceedings have been stayed by the Court in accordance with sub-paragraph (a) and the Court receives notification from the Court of Session [[^f00592] the High Court in England and Wales [[^f00591], the Royal Court of Jersey] or the High Court of Justice of the Isle of Man] that an order has been made under Article 12 of the Hague Convention for the return of the child concerned, those pending proceedings shall be dismissed and the proper officer shall notify the parties to those proceedings accordingly.

(c) Where pending proceedings have been stayed by the Court in accordance with sub-paragraph (a) and the Court receives notification from the Court of Session [[^f00593] the High Court in England and Wales [[^f00594], the Royal Court of Jersey] or the High Court of Justice of the Isle of Man] that application under the Hague Convention has been dismissed, the stay on the proceedings shall be removed and the proper officer shall notify the parties to those proceedings accordingly.

(5) Where any proceedings such as are mentioned in section 20(2) of the Act are pending before the Court and the court notification equivalent to that mentioned in paragraph (3) from the Court of Session, [[^f00593] the High Court in England and Wales [[^f00594], the Royal Court of Jersey] or the High Court of Justice of the Isle of Man] and the condition specified in section 20(1)(b) of the Act is satisfied, the proper officer shall notify the parties to the pending proceedings accordingly.

(6) In this rule “relevant authority” includes the High Court, a County Court or a Magistrates’ Court in England and Wales, the Court of Session, a Sheriff Court, a Children’s Hearing within the meaning of Part III of the Social Work (Scotland) Act 1968, the High Court in Northern Ireland, a county court in Northern Ireland, a court of summary jurisdiction in Northern Ireland [[^f00594], the Royal Court of Jersey, a court of summary jurisdiction in Jersey,] [[^f00593]the High Court of Justice of the Isle of Man, a court of summary jurisdiction in the Isle of Man] or the Secretary of State.

Transfer of proceedings

21

(1) At any stage in any proceedings under the Act the Court may, of its own motion or on the application by summons of any party to the proceedings issued on 2 days notice, order that the proceedings be transferred to the Court of Session, [[^f00593] the High Court in England and Wales [[^f00594], the Royal Court of Jersey] or the High Court of Justice of the Isle of Man].

(2) Where an order is made under paragraph (1) the proper officer shall send a copy of the order, which shall state the grounds therefore, together with the originating summons and the documents annexed thereto, to the Court of Session, [[^f00593] the High Court in England and Wales [[^f00594], the Royal Court of Jersey] or the High Court of Justice of the Isle of Man], as the case may be.

(3) Where proceedings are transferred to the Court of Session, [[^f00593] the High Court in England and Wales [[^f00594], the Royal Court of Jersey] or the High Court of Justice of the Isle of Man], the costs of the whole proceedings both before and after the transfer shall be at the discretion of the Court to which the proceedings are transferred.

(4) Where proceedings are transferred to the High Court from the Court of Session [[^f00593]the High Court in England and Wales [[^f00594], the Royal Court of Jersey] or the High Court of Justice of the Isle of Man] the proper officer shall notify the parties of the transfer and the proceedings shall continue as if they had been begun by originating summons under rule 11.

Interim directions

22

An application for interim directions under section 5 or section 19 of the Act may where the case is one of urgency be made ex parte supported by a statement but shall otherwise be made by summons.

Obtaining authenticated copies of decisions

23

Without prejudice to the generality of Order 66 rule 5, any person who intends to make an applications under the Hague Convention in a Contracting State other than the United Kingdom shall on satisfying the Court be entitled to obtain an office copy sealed with the seal of the Court of Judicature of any order made in the High Court relating to the child in respect of whom the application is to be made.

Revocation and variation of registered decisions

24

(1) This rule applies to decisions which have been registered under section 16 of the Act and are subsequently varied or revoked by an authority in the Contracting State in which they were made.

(2) The Court shall, on cancelling the registration of a decision which has been revoked, notify—

(a) the person appearing to the Court to have actual custody of the child;

(b) the person on whose behalf the application for registration of the decision was made; and

(3) The Court shall, on being notified of the variation of a decision, notify—

(a) the person appearing to the Court to have actual custody of the child; and

(b) any party to the application for registration of the decision;

of the variation and any such person may apply by summons in the proceedings for the registration of the decision, for the purpose of making representations to the Court before the registration is varied.

(4) Any person appearing to the Court to have an interest in the matter may apply by summons in the proceedings for the registration of a decision for the cancellation or variation of the registration.

Orders for disclosure of information

25

At any stage in proceedings under the European Convention the Court may, if it has reason to believe that any person may have relevant information about the child who is the subject of those proceedings, order that person to disclose such information and may for that purpose order that the person attend before it or file affidavit evidence.]

[ Registration of registered decisions

25A

There shall be kept in the Office by the proper officer a register of decisions registered under section 16 of the Act together with any variation of those decisions as made under section 17 of the Act.]

[ IV Family Law Act 1986

Interpretation

26

(1) In this Part of this Order, unless the context otherwise requires—

“the Act” means the Family Law Act 1986;

“the appropriate court” means, in relation to England and Wales the High Court, and in relation to Scotland, the Court of Session, [[^f00597] and in relation to a specified dependant territory, the corresponding court of that territory];

[[^f00598] “the appropriate officer” means in relation to the High Court in England and Wales, the Secretary of the Principal Registry of the Family Division, in relation to the Court of Session, the Deputy Principal Clerk of Session and in relation to the appropriate court in a specified dependent territory, the corresponding officer of that court;]

“custody order” means a custody order within the meaning of sections 1, 32, 40, 42(5) and 42(6) of the Act;

[[^f00599] ...]

“register” means the register kept for the purposes of the Act;

“registration” means registration under Part I of the Act and “registered” shall be construed accordingly;

[[^f00598] “specified dependant territory” means a dependent territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Dependent Territories) Order 1991[^f00600]]

(2) The prescribed officer for the purposes of sections 27(4) and 28(1) of the Act shall be the Master, and the jurisdiction of the court under sections 27(3) and 28(1) of the Act shall be exercised by the prescribed officer.

Application to register custody order

27

(1) An application under section 27 of the Act for the registration of a custody order made by the High Court shall be made by lodging in the Office a certified copy of the order, together with a certified copy of any order which has varied any of the terms of the original order and an affidavit by the applicant and a copy thereof stating—

(a) the name and address of the applicant and his interest under the order;

(b) the name and date of birth of the child in respect of whom the order was made, his whereabouts or suspected whereabouts and the name of any person with whom he is alleged to be;

(c) the name and address of any other person who is known to the applicant to have an interest under the order and whether it has been served on him;

(d) [^f00601] in which of the jurisdictions of England, Scotland or a specified dependent territory the order is to be registered;]

(e) that, to the best of the applicant’s information and belief the order is in force;

(f) whether, and if so where, the order is already registered; and

(g) details of any order affecting the child which is in force in the jurisdiction in which the custody order is to be registered.

(2) There shall be exhibited to the affidavit any document relevant to the application.

(3) Where the documents referred to in paragraphs (1) and (2) are to be sent to the appropriate court the prescribed officer shall—

(a) retain the affidavit and send the copy thereof and the other documents to [[^f00602] the appropriate officer], indicating, where the order relates to more than one child, with respect to which child or children it is to be registered, and

(b) record the fact of transmission.

(4) On receipt of notice of the registration of a custody order in the appropriate court the prescribed officer shall record particulars of the registration.

(5) If it appears to the prescribed officer that the custody order is no longer in force with respect to a child or more than one child or that a child or more than one child has attained the age of 16, he shall refuse to send the documents referred to in paragraphs (1) and (2) to the appropriate court or shall indicate thereon with respect to which child or children the order is not to be registered and he shall within 14 days give notice to the applicant of his refusal or indication and the reason for it.

(6) If the prescribed officer refuses to send the documents referred to in paragraph (1) and (2) to the appropriate court the applicant may apply by summons to a judge in chambers for an order that the documents be sent to the appropriate court or that they be sent with respect to a particular child or children.

Registration of English and Scottish custody orders

28

On receipt of a certified copy of a custody order made in England and Wales [[^f00603], Scotland, or a specified dependant territory] for registration, the prescribed officer shall—

(a) register the order in the register by entering particulars of—

(i) the name and address of the applicant and his interest under the order;

(ii) the name and whereabouts or suspected whereabouts of the child, his date of birth, and the date on which he will attain the age of 16; and

(iii) the terms of the order, its date and the court which made it;

(b) file the certified copy and accompanying documents; and

(c) give notice to the court which sent the certified copy and to the applicant for registration that the order has been registered.

Revocation and variation of Northern Ireland order

29

(1) Where a custody order which is registered in the appropriate court is revoked or varied by the High Court, the prescribed officer shall—

(a) send a certified copy of the subsequent order to [[^f00603] the appropriate officer], and to the court which made the custody order if that court is different from the court making the subsequent order;

(b) record the fact of transmission; and

(2) On receipt of notice from the appropriate court of the amendment of its register, there shall be entered, in the records of the court which made the custody order and the court which made the subsequent order, if different, particulars of the revocation or variation, as the case may be.

Registration of revoked, recalled or varied English or Scottish orders

30

(1) On receipt of a certified copy of an order made in England and Wales [[^f00603] Scotland, or a specified dependent territory] which revokes, recalls or varies a registered custody order, the prescribed officer shall enter particulars of the revocation, recall or variation, as the case may be, in the register, and give notices of the entry to—

(a) the court which sent the certified copy,

(b) if different, the court which made the custody order,

(d) if different, the applicant for the revocation, recall or variation of the order.

(2) An application under section 28(2) of the Act shall be made by summons and may be heard and determined by the Master.

(3) If the applicant for the custody order is not the applicant under section 28(2) of the Act he shall be made a defendant to the application.

(4) Where the Master cancels a registration of his own motion or on an application under paragraph (2), he shall amend the register accordingly and shall give notice of the amendment to the court which made the custody order.

Interim directions

31

(1) An application for interim directions under section 29 of the Act shall be made by summons and may be heard and determined by the Master.

(2) The parties to the proceedings for enforcement and, if he is not a party thereto, the applicant for the custody order, shall be made parties to the application.

Staying and dismissal of enforcement proceedings

32

(1) An application under section 30(1) of the Act shall be made by summons and may be heard and determined by the Master.

(2) The parties to the proceedings for enforcement which are sought to be stayed and, if he is not a party thereto, the applicant for the custody order, shall be made parties to an application under either of the said sections.

(3) Where the court makes an order under section 30(2) or (3) or section 31(3) the prescribed officer shall amend the register accordingly and shall give notice of the amendment to the court which made the custody order and to the applicants for registration, for enforcement and for the stay or dismissal of the proceedings for enforcement.

Particulars of other proceedings

33

A party to proceedings for or relating to a custody order who knows of other proceedings (including proceedings out of the jurisdiction and concluded proceedings) which relate to the child concerned shall file an affidavit which shall state—

(a) in which jurisdiction and court the other proceedings were instituted;

(b) the nature and current state of such proceedings and the relief claimed or granted;

(d) if applicable, and if known, the reasons why the relief claimed in the proceedings for or relating to the custody order were not claimed in the other proceedings.

Stay of proceedings

34

(1) Where under section 22(2) of the Act the High Court stays proceedings on an application for a custody order it shall cause notice of the stay to be given to the parties to the proceedings.

(2) Where under section 22(3) of the Act the High Court removes a stay granted in accordance with section 22(2) it shall cause notice of the removal of the stay to be given to the parties to the proceedings and shall proceed to deal with the application accordingly.

Inspection of Register

35

The following persons:

(a) the applicant for registration of a registered custody order,

(b) any person who satisfies the Master that he has an interest under the custody order, and

may inspect any entry in the register relating to the order and may bespeak copies of the order and of any document relating thereto.

Assignment to Chancery Division, etc.

1

The following proceedings, namely—

(a) any case stated for the opinion of the High Court under section 13 of the Stamp Act 1891[^f00604];

(b) any appeal to the High Court under section [[^f00605] ...] 100 of the Taxes Management Act 1970[^f00606] or [[^f00607] section 222 or 249 of the Inheritance Tax Act 1984] or any application for leave to appeal under the said [[^f00607] section 222]

shall be assigned to the Chancery Division.

[ Appeal under section 222 of the Inheritance Tax Act 1984]

2

(1) Order 55 shall not apply in relation to an appeal to the High Court under [[^f00607] section 222 of the Inheritance Tax Act 1984.]

(2) Such an appeal must be brought by originating summons which must—

(a) state the date on which the Commissioners of Inland Revenue (in this rule referred to as the “Board”) gave notice to the appellant under [[^f00607] section 221 of the Inheritance Tax Act 1984] of the determination which is the subject of this appeal;

(b) [^f00608] state the date on which the appellant gave to the Board notice of appeal under section 222 and, if the notice was not given within the time permitted, whether Her Majesty’s Revenue and Customs (“HMRC”) have given consent or the tribunal has given permission to the notice being given after the time permitted and where applicable, the date of such consent or permission; and]

(c) either state that the appellant and the Board have agreed that the appeal may be to the High Court or contain an application for leave to appeal to the High Court.

(3) At the time of issuing the originating summons the appellant shall lodge in the Chancery Office—

(a) two copies of the notice referred to in paragraph (2)(a);

(b) two copies of the notice of appeal referred to in paragraph (2)(b); and

(c) where the originating summons contains an application for leave to appeal, an affidavit setting out the grounds on which it is alleged that the matters to be decided on the appeal are likely to be substantially confined to questions of law.

(4) [^f00608] The originating summons must be served on the Board within 30 days of the date on which the appellant gave to the Board notice of appeal under section 222 or, if HMRC have given consent or the tribunal has given permission to the notice being given after the time permitted, within 30 days of the date on which such consent or permission was given.]

(5) No appearance need be entered to the originating summons, but it must specify a date of hearing being not less than 40 days from the issue of the summons.

(6) Where the originating summons contains an application for leave to appeal to the High Court, a copy of the affidavit lodged pursuant to paragraph (3)(c) shall be served on the Board with the originating summons and the Board may, within 30 days after service, lodge in the Chancery Office an affidavit in answer and a copy of any such affidavit shall be served by the Board on the appellant.

(7) Except with the leave of the Court, an appellant shall not be entitled on the hearing of an appeal to rely on any grounds of appeal not specified in the notice referred to in paragraph (2)(b).

[E.r. 2]

(8) [^f00609] In this rule—

“the tribunal” means the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

“Tribunal Procedure Rules” means the rules governing the practice and procedure to be followed in the First-tier Tribunal and Upper Tribunal.]

Case stated: notice to be given of certain matters

3

Not less than 10 days before the hearing of such a case as is mentioned in rule 1(a) either party must give notice to the other of any point which he intends to take at the hearing and which might take the other party by surprise and leave at the Chancery Office two copies of the notice for the use of the Court.

Appeals under ss.53 and 100 of Taxes Management Act 1970 and paragraphs 32(3) and 35(2) of Schedule 4 to the Finance Act 1975

4

(1) The notice of an originating motion by which an appeal under section 53 or 100 of the Taxes Management Act 1970 or paragraph 32(3) or 35(2) of Schedule 4 to the Finance Act 1975 is brought must be issued out of the Chancery Office.

(2) The persons to be served with the notice are the General or Special Commissioners against whose decision or award the appeal is brought and—

(a) in the case of an appeal brought under section 100 of the Taxes Management Act 1970 or paragraph 32(3) of Schedule 4 to the Finance Act 1975 by any party other than the defendant in the proceedings before the Commissioners, that defendant;

(b) in any other case, the Commissioners of Inland Revenue.

(3) Order 55, rules 14(2) and 15(1), shall apply in relation to any such appeal as if for the period of 21 days therein specified there were substituted a period of 30 days.

(4) Within 30 days after the service on them of notice of the originating motion by which any such appeal is brought, the General or Special Commissioners, as the case may be, must lodge in the Chancery Office two copies of a note of their findings and of the reasons for their decision or award and must serve a copy of the note on every other party to the appeal.

(5) Any document required or authorised to be served on the General or Special Commissioners in proceedings to which this rule relates may be served by delivering or sending it to their clerk.

Payment into court by life assurance company

1

(1) A company wishing to make a payment into court under the Life Assurance Companies (Payment into Court) Act 1896[^f00610] (hereinafter referred to as “the Act of 1896”) must file an affidavit, made by its secretary or other authorised officer setting out—

(a) a short description of the policy in question and a statement of the persons entitled thereunder with their names and addresses so far as known to the company,

(b) a short statement of the notices received by the company claiming an interest in or title to the money assured, or withdrawing any such claim, with the dates of receipt thereof and the names and addresses of the persons by whom they were given,

(c) a statement that, in the opinion of the board of directors of the company, no sufficient discharge can be obtained otherwise than by payment into court under the Act of 1896,

(d) the submission by the company to pay into court such other sum, if any, as the Court may direct and to pay any costs ordered by the Court to be paid by the company,

(e) an undertaking by the company forthwith to send to the Accountant General any notice of claim received by the company after the making of the affidavit with a letter referring to the title of the affidavit, and

(f) an address where the company may be served with any summons or order, or notice of any proceeding, relating to the money paid into court.

(2) The company shall not deduct from the money payable by them under the policy any costs of or incidental to the payment into court.

(3) No payment shall be made into court under the Act of 1896 where any action to which the company is a party is pending in relation to the policy or moneys thereby assured except with the leave of the Court to be obtained by summons in the action.

(4) Unless the Court otherwise directs, a summons by which a claim with respect to money paid into court under the Act of 1896 is made shall not, except where the summons includes an application for payment of a further sum of costs by the company who made the payment, be served on that company, but it must be served on every person who appears by the affidavit on which the payment into court was made to be entitled to, or interested in, the money in court or to have a claim upon it or who has given a notice of claim which has been sent to the Accountant General in accordance with the undertaking referred to in rule 1(1)(e).

Payment into court under Trustee Act (Northern Ireland) 1958

2

(1) Subject to paragraph (2), any trustee wishing to make a payment into court under section 63 of the Trustee Act (Northern Ireland) 1958[^f00611] must make and file an affidavit setting out—

(a) a short description of the trust and of the instrument creating it or, as the case may be, of the circumstances in which the trust arose,

(b) the names of the persons interested in or entitled to the money or securities to be paid into court with their addresses so far as known to him,

(c) his submission to answer all such inquiries relating to the application of such money or securities as the Court may make or direct, and

(d) an address where he may be served with any summons or order, or notice of any proceedings, relating to the money or securities paid into court.

(2) Where the money or securities represents a legacy, or residue or any share thereof, to which a minor or a person resident outside the United Kingdom is absolutely entitled, no affidavit need be filed under paragraph (1) and the money or securities may be paid into court in the manner prescribed by court funds rules made under section 82 of the Act.

Payment into court under War Damage Act 1943

3

Where the Commissioners of Inland Revenue wish to make a payment into court under section 33(1) of the War Damage Act 1943[^f00612] in respect of war damage to a hereditament, they shall cause an affidavit to be made and filed setting out—

(a) short particulars of the hereditament;

(b) the name and address of any person who has claimed a payment in respect of war damage to the hereditament or a share of such payment, and

[ Payments into Court under section 26, Banking Act 1987

3A

Where the [[^f00614] Financial Services Authority], having sold shares in pursuance of an order under section 26 of the Banking Act 1987, pays the proceedings of sale, less the costs of the sale, into court, it shall cause an affidavit to be made and filed setting out the names and, so far as known, the addresses of the persons beneficially entitled to the proceeds of sale and shall lodge a copy of the order.]

Notice of lodgment

4

Any person who has lodged money or securities in court in accordance with rule 1, 2 [[^f00615], 3 or 3A] must forthwith send notice of the lodgment to every person appearing from the affidavit on which the lodgment was made to be entitled to, or to have an interest in, the money or securities lodged.

Applications with respect to funds in court

5

(1) Where an application to the High Court—

(a) for the payment or transfer to any person of any funds in court standing to the credit of any cause or matter or for the transfer of any such funds to a separate account or for the payment to any person of any dividend of or interest on any securities or money comprised in such funds;

(b) for the investment, or change of investment, of any funds in court;

(c) for payment of the dividends of or interest on any funds in court representing or comprising money or securities lodged in court under any enactment; or

(d) for the payment or transfer out of court of any such funds as are mentioned in sub-paragraph (c);

is made in the Chancery Division the application may be disposed of in chambers.

(2) Subject to paragraph (3), any such application made in the Chancery Division must be made by summons and, unless the application is made in a pending cause or matter or an application for the same purpose has previously been made by petition or originating summons, the summons must be an originating summons.

(3) Where an application under paragraph 1(d) is required to be made by originating summons, then, if the funds to which the application relates do not exceed [[^f00616] £5,000] in value the application may be made ex parte to the Master who may dispose of the application or may direct it to be made by originating summons.

Unless otherwise directed, an ex parte application under this paragraph shall be made by affidavit.

(4) This rule does not apply to any application for an order under Order 22.

Appeals, applications etc. under various enactments

1

(1) Any appeal, application or reference to the High Court under any of the enactments referred to in paragraph (2), whether it is for the decision or opinion of the Court shall be assigned to the Chancery Division.

(2) The enactments are:—

(a) section 55 of the National Debt Act 1870[^f00617],

(b) the Land Purchase Acts,

(d) the Conveyancing Acts 1881 to 1911,

(e) section 17 of the Married Women’s Property Act 1882[^f00619],

(f) the Settled Land Acts 1882 to 1890,

(g) the Trade Union Act 1913[^f00620],

(h) the Trustee Act (Northern Ireland) 1958[^f00621],

(i) the Charities Act (Northern Ireland) 1964[^f00622],

(j) the Building Societies Act (Northern Ireland) 1967[^f00623],

(k) the Industrial and Provident Societies Act (Northern Ireland) 1969[^f00624],

(l) section 7(3) of the Public Order Amendment Act (Northern Ireland) 1970[^f00625],

(m) the Land Registration Act (Northern Ireland) 1970[^f00626],

(n) the Friendly Societies Act (Northern Ireland) 1970[^f00627],

(o) the Industrial Assurance (Northern Ireland) Order 1979[^f00628],

(p) [^f00629] section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988 [^f00630]],

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r) [^f00631] regulation 22(6) of the European Cooperative Society (Involvement of Employees) Regulations 2006[^f00633]]

(s) [^f00634] The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 and the Electricity Regulations (Northern Ireland) 2007.]

(t) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(u) [^f00637] the Transnational Information and Consultation of Employees Regulations 1999.]

(3) At any stage of the proceedings on an appeal under the enactments mentioned in paragraph (2)(g) (j) (k) (m) (n) and (o) the Court may direct that notice of the originating motion by which the appeal is brought be served on any person or may direct that notice be given by advertisement or otherwise of the bringing of the appeal, the nature thereof and the time when it will or is likely to be heard or may give such other directions as it thinks proper for enabling any person interested in the trade union, alleged trade union, society or industrial insurance company concerned or in the subject matter of the appeal to appear and be heard on the appeal.

(4) An application for directions under paragraph (3) may be made by either party to the appeal by summons to the Judge in Chambers.

Notice of petition under section 55 of National Debt Act 1870

2

Where a petition is presented under section 55 of the National Debt Act 1870 the petitioner must, before the petition is heard, apply to the Chancery Judge in chambers for directions with respect to giving notice of the claim to which the petition relates, and the judge may direct that notice thereof be given by advertisement or in such other manner as he may direct or may dispense with the giving of such notice.

Applications under section 57 of the Trustee Act (Northern Ireland) 1958

3

In addition to any other persons who are necessary and proper defendants to the originating summons by which an application under section 57 of the Trustee Act (Northern Ireland) 1958 is made, the settlor and any other person who provided property for the purposes of the trusts to which the application relates must, if still alive and not the plaintiff, be made a defendant unless the Court for some special reason otherwise directs.

Application under section 7(3) of Public Order (Amendment) Act (Northern Ireland) 1970

4

(1) Where an application is made to the High Court under section 7(3) of the Public Order (Amendment) Act (Northern Ireland) 1970 the persons to be made defendants to the originating summons by which such an application is made shall be such persons as the Attorney General may determine.

(2) In the absence of other sufficient representation the Court may appoint the Official Solicitor to represent any interests which in the opinion of the Court ought to be represented on any inquiry directed by the Court under the said section 7(3).

Appeal under Article 18 of the Industrial Assurance (Northern Ireland) Order 1979

5

(1) An application to the Court for leave to appeal under Article 18 of the Industrial Assurance (Northern Ireland) Order 1979 against a direction of the Industrial Assurance Commissioner for Northern Ireland under Article 18(3) of that Order must be made within 21 days after the date of the Commissioner’s direction.

(2) An application for the grant of such leave must be made in chambers ex parte by an affidavit stating the material facts, the effect of the Commissioner’s direction, the grounds on which the application is made and that the deponent is advised and believes that the applicant has good grounds for appealing.

(3) No order under this rule granting leave to appeal shall be drawn up but the Master shall indorse on the notice of originating motion by which the appeal is brought a note signed by him stating that leave to appeal was granted by the Court and the date on which it was granted.

A copy of such note shall appear on any copy of such notice served on the respondent to the appeal.

(4) Notice of the originating motion by which the appeal is brought must be served, and the appeal entered within 28 days after leave to appeal was granted.

[ Applications under section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988

6

(1) Where an application is made under section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988, the applicant shall serve notice of the application on all persons, so far as reasonably ascertainable, having an interest in the copy, recording or other article which is the subject of the application, including any person in whose favour an order could be made in respect of the copy, recording or other article under any of the said sections of the said Act [[^f00639] ...].

(2) An application under the said section 114, 204 or 231 shall be made by originating summons or, if it is made in pending action, by summons or motion in that action.]

(3) [^f00640] Order 100, rule 7 shall apply to applications under this rule.]

[ Proceedings under the Financial Services Act 1986

7

(1) In this rule “the Act” means the Financial Services Act 1986 and a section referred to by number means the section so numbered in that Act.

(2) Proceedings in the High Court under the Act (other than applications for mandamus) and actions for damages for breach of a statutory duty under the Act shall be assigned to the Chancery Division.

(3) Such proceedings and actions shall be begun by writ, except for—

(a) application by petition by the Secretary of State under section 73, and

(b) applications by Inspectors under section 94 or section 178, which shall be begun by originating notice of motion.

(4) No order shall be made under section 6, 61, 71, 91, 104, 131, 184 or paragraph 22 of Schedule 11 against any person unless he is a party to the relevant proceedings or action.

(5) Where there is a question of the construction of any of the rules or regulations referred to in section 61(1)(a) of the Act, the Secretary of State, designated agency, or any person referred to in section 61(1)(a)(iv) may make representations to the Court.

Proceedings under the Banking Act 1987

8

(1) In this rule “the Act” means the Banking Act 1987 and a section referred to by number means the section so numbered in the Act.

(2) Proceedings in the High Court under the following sections of the Act shall be assigned to the Chancery Division and shall be begun—

(a) as to applications under section 26(3), 71(3) and (5) and 77(3) and (5), by originating summons;

(b) as to appeals under section 31 (1), by originating motion;

(3) No order shall be made under section 48(1) against any person unless he is party to the proceedings.

(4) Where an application has been made under section 71(3) or (5) or section 77(3) or (5) the [[^f00642] Financial Services Authority] shall within 28 days after service on it of copies of the plaintiff’s affidavit evidence cause an affidavit to be made, filed and served on the plaintiff setting out the reasons for its objection to the plaintiff’s name.]

[ Applications under Article 33 of the Wills and Administration Proceedings (Northern Ireland) Order 1994

9

An application to the Court under Article 33 of the Wills and Administration Proceedings (Northern Ireland) Order 1994 shall be begun by ex parte originating summons.

Applications under Article 35 of the Wills and Administration Proceedings (Northern Ireland) Order 1994

10

(1) An application to the Court under Article 35 of the Wills and Administration Proceedings (Northern Ireland) Order 1994 for an order appointing a substituted personal representative or terminating the appointment of an existing personal representative shall be made by originating summons or, if made in a pending action, by summons or motion in that action.

(2) All the existing personal representatives and, notwithstanding anything in Order 15, rule 4(2) and subject to any direction of the Court, all persons (other than the plaintiff) having a beneficial interest in the estate must be made parties to the application.

(3) Such an application must be supported by—

(a) a sealed or certified copy of the grant of probate or letters of administration;

(b) an affidavit containing the grounds of the application and the following particulars so far as the plaintiff can gain information with regard to them—

(i) short particulars of the property comprised in the estate, with an approximate estimate of its income and capital value;

(ii) short particulars of the liabilities of the estate;

(iii) particulars of the persons who are in possession of the documents relating to the estate;

(iv) the names of the beneficiaries and short particulars of their respective interests;

(v) the name, address and occupation of any proposed substituted personal representative;

(i) a signed or, in the case of a corporation, sealed consent to act; and

(ii) an affidavit as to the fitness of the proposed substituted personal representative, if an individual, to act.

(4) On the hearing of an application under the said Article 35 the personal representative shall produce to the Court the grant of representation to the deceased’s estate and, if an order is made under Article 35, the grant (together with the sealed copy of the order) shall be sent to and remain in the custody of the [[^f00644] Chancery Office] until a memorandum of the order has been endorsed on, or permanently annexed to, the grant.]

[ Applications under regulation 33(6) of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004

11

(1) An application to the Court under regulation 33(6) of the European Public Limited-Liability Company Regulations (Northern Ireland) 2004 (“the 2004 Regulations”) for a penalty notice shall be made by originating summons.

(2) Such an application must be supported by a copy of the declaration made by the Industrial Court under regulation 33(4) of the 2004 Regulations or an explanation as to why none is included.

Applications under regulation 22(6) of the European Cooperative Society (Involvement of Employees) Regulations 2006

12

(1) An application to the Court under regulation 22(6) of the European Cooperative Society (Involvement of Employees) Regulations 2006 (“the 2006 Regulations”) for a penalty notice shall be made by originating summons.

(2) Such an application must be supported by a copy of the declaration made by the Industrial Court under regulation 22(4) of the 2006 Regulations or an explanation as to why none is included.]

[The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007 and the Electricity Regulations (Northern Ireland) 2007

13

In rules 14 to 16—

“the 2007 Order” means the Electricity (Single Wholesale Market) (Northern Ireland) Order 2007[^f00647];

“the 2007 Regulations” means the Electricity Regulations (Northern Ireland) 2007[^f00648];

“the Authority” means the Northern Ireland Authority for Utility Regulation; and

“the defendant” means the occupier of the premises to which the warrant relates.

Registration in the High Court of an order under paragraph 16 or 17 of Schedule 1 to the 2007 Order or regulation 33(1) of the 2007 Regulations

14

An order under paragraph 16 or 17 of Schedule 1 to the 2007 Order, or under regulation 33(1) of the 2007 Regulations shall be registered by lodging in the Chancery Office a certified copy of the order.

Application for a warrant under paragraph 2 of Schedule 3 to the 2007 Order

15

The jurisdiction of the Court under paragraph 2 of Schedule 3 to the 2007 Order may be exercised by a judge in chambers.

16

(1) An application for a warrant under paragraph 2 of Schedule 3 to the 2007 Order shall be made by originating summons.

(2) An originating summons under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the 2007 Order.

(3) An application shall be supported by an affidavit which shall state—

(a) that a warrant is sought under paragraph 2 of Schedule 3 to the 2007 Order;

(b) the address or other identification of the premises to which the warrant relates and the connection between the defendant and those premises;

(d) the subject matter and purpose of the investigation to which the warrant relates and the nature of the suspected offences under paragraph 4 of Schedule 3 to the 2007 Order;

(e) the anticipated date for the execution of the warrant;

(f) the name(s) of the officer(s) of the Authority who will execute the warrant and whose name(s) will appear on the warrant;

(g) the position held by the named officer(s) of the Authority; and

shall be accompanied by a draft of the warrant being sought.

(4) A copy of the authorisation containing the name(s) of the named officer(s) of the Authority shall be annexed to the affidavit.

(5) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

(6) The summons, affidavit and draft warrant shall be lodged with the Court no less than two clear days before the date fixed for hearing of the summons.

(7) The warrant shall be in Form No. 75.]

[ Applications under the Companies (Cross-Border Mergers) Regulations 2007

17

(1) In this rule and in rules 18 to 20 “the 2007 Regulations” means the Companies (Cross-Border Mergers) Regulations 2007.

(2) An application to the Court under regulation 6(1) of the 2007 Regulations (Court approval of pre-merger requirements) shall be made by originating summons in Form 7.

(3) Such an application must be supported by evidence that the requirements of regulations 7 to 10 and 12 to 15 of the 2007 Regulations have been complied with.

(4) Where an application under regulation 11 of the 2007 Regulations to summon a meeting of creditors has been made, the Court will not determine the application under regulation 6 until the result of the meeting is known.

18

(1) An application to the Court under—

(a) regulation 9(3) (Independent expert’s report); or

(b) regulation 11(1) (Power of court to summon meeting of members or creditors) of the 2007 Regulations shall be made by originating summons in Form 7 and be accompanied by evidence in support of the application.

19

(1) An application to the Court under regulation 16(1) of the 2007 Regulations (Court approval of cross-border merger), shall be made by originating summons in Form 7 and must be accompanied by the documents referred to in regulation 16(1)(b), (c) and (e).

(2) Where appropriate the application should also be accompanied by evidence that regulation 16(f) of the 2007 Regulations has been complied with and such other evidence as may be required to enable the Court to decide the application.

(3) Where the Court makes an order under regulation 16 of the 2007 Regulations approving the merger it will fix a date on which the consequences of the merger are to take effect.

20

(1) An application to the Court under—

(a) regulation 53(6) (Disputes about operation of an employee participation agreement or the standard rules of employee participation); or

(b) regulation 54(5) (Misuse of procedures)

of the 2007 Regulations for a penalty notice shall be made by originating summons in Form 7 and must be supported by a copy of the declaration made by the Industrial Court under regulation 53(4) or 54(4) of the 2007 Regulations or an explanation as to why none is included.

21

Any document that is lodged with the Court under rules 17 to 20 shall, if not in English, be accompanied by a translation of that document into English—

(a) certified by a notary public or other qualified person; or

(b) accompanied by written evidence that the translation is accurate.]

Interpretation

1

In this Order—

“the 2009 Act” means the Presumption of Death Act (Northern Ireland) 2009 and a section referred to by a number means the section so numbered in the 2009 Act, and expressions used have the same meaning in this Order as in the 2009 Act;

an “application for a declaration of presumed death” means an application for a declaration under section 1;

a “declaration of presumed death” means a declaration under section 1.

Application for a declaration of presumed death

2

(1) An application for a declaration of presumed death shall be made by originating summons in Form No. 9A, and any further application under this Order, other than an application under rule 7(2), shall be made by summons in Form No. 28, unless the Court otherwise directs.

(2) The applicant, and any other person as the Court may direct, shall be a party to an application for a declaration of presumed death.

(3) An application for a declaration of presumed death shall be supported by an affidavit which shall contain details of the following, where known—

(a) the name and address of the applicant;

(b) the relationship of the applicant to the missing person;

(c) the name of the missing person to whom the application relates, and any other names by which the missing person is known;

(d) the address or the last known residence of the missing person;

(e) the date of birth of the missing person;

(f) the national insurance number of the missing person;

(g) the date on which the missing person is—

(i) thought to have died; or

(ii) last known to have been alive;

(h) a statement as to which of sections 1(2)(a), (b) or (c) is relied upon to give the Court jurisdiction to entertain the proceedings;

(i) where the missing person is married, or is party to a civil partnership and the applicant is neither the spouse nor the civil partner of the missing person, the name and address of the spouse or, as the case may be, the civil partner of the missing person;

(j) where the application is made by a person other than the spouse, civil partner, or a close relative of the missing person, details of the applicant’s interest in the determination of the application;

(k) an estimate of the total value of the assets of the missing person;

(l) details of any property owned by the missing person; and

(m) details of the interest of any person in the property of the missing person sought to be determined by the Court.

Service of notice of application for a declaration of presumed death on Attorney General

3

The applicant shall give notice to the Attorney General of an application for a declaration of presumed death by serving on [[^f00651] ...] the Attorney General a copy of the application and of the supporting affidavit at least 30 days before the application is issued.

Notice of application

4

(1) The applicant shall give notice of an application for a declaration of presumed death by serving a copy of the application and of the supporting affidavit, unless the Court otherwise directs, on—

(a) the Registrar General;

(b) where the missing person is married, or is party to a civil partnership and the applicant is neither the spouse nor the civil partner of the missing person, the spouse or, as the case may be, the civil partner of the missing person;

(c) any other person, including any insurance company, who, so far as is known to the applicant, has any interest in the application; and

(d) any other person, as the Court may direct.

(2) Notice under paragraph (1)(a)-(c) shall be served by the applicant upon issue of the application, or as soon thereafter as is reasonably practicable.

(3) Notice under paragraph (1)(d) shall be served by the applicant not more than 7 days after such direction is given.

(4) The applicant shall cause notice of an application for a declaration of presumed death to be published, in Form No. 76, at least 21 days before the hearing, in at least one edition of one newspaper circulating in the vicinity of the last known residence of the missing person, unless the Court otherwise directs.

(5) A copy of the page of the newspaper bearing the advertisement of the notice of the application required by paragraph (4), and the date on which it was published, shall be lodged with the Court at least 2 clear days before the hearing of the application.

Declaration of presumed death

5

A declaration of presumed death shall be in Form No. 77, and shall include such finding as is required under section 2(1) and such further direction, determination or order as the Court may make under sections 4, 7(1) or 12.

Application for variation or revocation of a declaration of presumed death

6

(1) An application for a variation order under section 5(1) shall be supported by an affidavit setting out the grounds for the application, and shall include—

(a) the name and address of the person applying for the variation order;

(b) the relationship of the person applying for the variation order to the missing person;

(d) any relevant change of circumstances which has occurred since the making of the declaration; and

(e) details of any rights to or in any property acquired as a result of the declaration.

(2) The following shall be parties to an application for a variation order—

(a) the applicant for the variation order;

(b) the person who applied for the declaration of presumed death to which the application to vary or revoke applies (if other than the applicant for the variation order); and

(3) The applicant shall give notice of an application for a variation order by serving a copy of the application together with a copy of the supporting affidavit, unless the Court otherwise directs, on—

(a) the Attorney General;

(b) the person who applied for the declaration of presumed death to which the application to vary or revoke applies (if other than the applicant);

(d) any other person, as the Court may direct.

(a) Notice under paragraph (3)(a) and (b) shall be served at the same time as the application issues, or as soon thereafter as is reasonably practicable.

(b) Notice under paragraph (3)(c) shall be served by the person applying for the variation order not more than 7 days after such direction is given.

(5) The applicant shall cause notice of an application for a variation order to be published, in Form No. 76, at least 21 days before the hearing, in at least one edition of one newspaper circulating in the vicinity of the last known residence of the missing person, unless the Court otherwise directs.

(6) A copy of the page of the newspaper bearing the advertisement of the notice of application required by paragraph (5), and the date on which it was published, shall be lodged with the Court at least 2 clear days before the hearing of the application.

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