Regulation 88

A request for the exercise of the discretionary powers of the Registrar under rule 87 in proceedings at which only the party making the request is present, whether interlocutory or otherwise, shall be made on Form HC4 and shall be filed within one month from the date of notification by the Registrar of any objection to an application or the date of any other indication that he proposes to exercise a discretionary power, and the Registrar may refuse to hear any party who has not filed the request within the time allowed.

Upon receipt of a request under paragraph (1), the Registrar shall send to the person making the request a notice of a time when he may be heard which shall be not less than 14 days from the date of the notice.

A request for the exercise of the discretionary powers of the Registrar under rule 87 in interlocutory proceedings with notice shall be made to the Registrar in writing.

A person shall, at the time he makes a request under paragraph (3), serve on every other party to the proceedings a copy of the request.

Except as provided in paragraph (1) or (3), no request shall be made for the exercise of the discretionary powers of the Registrar under rule 87.

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for a hearing under this rule.

After hearing each party, the Registrar shall notify every party of his decision in relation to the exercise of the discretionary power.

Where any party wishes to have the Registrar’s grounds of decision in respect of a request under paragraph (1) —

Where any party wishes to have the Registrar’s grounds of decision in respect of a request under paragraph (3) —

The date on which the Registrar’s grounds of decision are sent to the party making the request under paragraph (8)(a) or (9)(a)(i), as the case may be, shall be deemed to be the date of the Registrar’s decision for the purpose of an appeal.