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Contents

Part 3 · Quasi-Criminal Proceedings

49. Advertisements for application under section 14(1)(j) (P. 3, r. 49)

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(1)

A notice by advertisement under section 14(2)(b)(ii) of a proposed order under section 14(1)(j) must be in Form 43.

(2)

An application by the Director‑General or protector for the directions of the Court pursuant to section 14(2)(b)(ii) must be supported by an affidavit —

(a)

setting out the attempts made to locate the owners of the residence to which the proposed order relates;

(b)

exhibiting a copy of the notice by advertisement in English;

(c)

if the notice by advertisement is to be published in accordance with section 14(2)(b)(ii)(A) —

(i)

identifying the newspaper (of a language other than English) that the notice by advertisement is to be published in; and

(ii)

explaining why publishing the notice in that newspaper would be effective in bringing the application for the order to the attention of the owners of the residence to which the proposed order relates; and

(d)

if the notice by advertisement is to be published in accordance with section 14(2)(b)(ii)(B) — explaining why publishing the notice in the other form mentioned in that provision would be effective in bringing the application for the order to the attention of the owners.

(3)

For the purposes of section 14(2)(b)(ii), the prescribed period is 14 days.

(4)

After the expiry of the prescribed period in paragraph (3), the Director‑General or protector must file an affidavit stating that the notice by advertisement has been published in accordance with the directions of the Court and —

(a)

that none of the owners of the residence to which the proposed order relates has notified the Director‑General or protector that that owner objects to the proposed order; or

(b)

if any of those owners has notified the Director‑General or protector of that owner’s objection to the proposed order, identifying each owner who objects to the proposed order.

(5)

The Court may direct the Director-General or protector, and every owner mentioned in paragraph (4)(b), to attend a case conference.

Subregulation 1

A notice by advertisement under section 14(2)(b)(ii) of a proposed order under section 14(1)(j) must be in Form 43.

Subregulation 2

An application by the Director‑General or protector for the directions of the Court pursuant to section 14(2)(b)(ii) must be supported by an affidavit —

(a)

setting out the attempts made to locate the owners of the residence to which the proposed order relates;

(b)

exhibiting a copy of the notice by advertisement in English;

(c)

if the notice by advertisement is to be published in accordance with section 14(2)(b)(ii)(A) —

(i)

identifying the newspaper (of a language other than English) that the notice by advertisement is to be published in; and

(ii)

explaining why publishing the notice in that newspaper would be effective in bringing the application for the order to the attention of the owners of the residence to which the proposed order relates; and

(d)

if the notice by advertisement is to be published in accordance with section 14(2)(b)(ii)(B) — explaining why publishing the notice in the other form mentioned in that provision would be effective in bringing the application for the order to the attention of the owners.

Subregulation 3

For the purposes of section 14(2)(b)(ii), the prescribed period is 14 days.

Subregulation 4

After the expiry of the prescribed period in paragraph (3), the Director‑General or protector must file an affidavit stating that the notice by advertisement has been published in accordance with the directions of the Court and —

(a)

that none of the owners of the residence to which the proposed order relates has notified the Director‑General or protector that that owner objects to the proposed order; or

(b)

if any of those owners has notified the Director‑General or protector of that owner’s objection to the proposed order, identifying each owner who objects to the proposed order.

Subregulation 5

The Court may direct the Director-General or protector, and every owner mentioned in paragraph (4)(b), to attend a case conference.

Report

Part 3A

Enforcement of Child Access Order Under Section 5A of Guardianship of Infants Act 1934 or Section 126B of Women’S Charter 1961

Part 4

Amicable Resolution of Cases

Part 5

Commencement of Proceedings

Part 6

Parties to Proceedings

Part 7

Service of Documents

Part 8

Judge-Led Approach in Resolving Family Disputes

Part 9

Disclosure

Part 10

Expert Evidence

Part 11

Reports Under Mental Capacity Act 2008

Part 12

Relevant Professionals and Child Reports

Part 13

Parenting Coordination Programme

Part 14

Injunctions and Other Interim Relief Before Hearing

Part 15

Court Hearings and Evidence

Part 16

Withdrawal and Discontinuance

Part 17

Payment Into and Out of Court

Part 18

Judgments and Orders

Part 19

Appeals

Part 20

Appeals from Tribunals to Family Division and Case Stated

Part 21

Transfer of Proceedings

Part 22

Costs

Part 23

Enforcement of Judgments and Orders

Part 24

Contempt of Court

Part 25

Court Fees

Part 26

Registry and Administration

Part 27

Lodgment in Court, Money in Registry and Payment to Bailiff

Part 28

Electronic Filing Services

Schedules