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

Reference to Court of application to Comptroller under section 24

16.—(1) Where an application for an order under section 24 of the Act, is made to the Comptroller and the Comptroller decides to refer the application for decision by the Court, he shall give notice of his decision to the applicant and to any person opposing the making of the order or claiming the inclusion therein of any restrictions, conditions or provisions.

(2) Within 28 days after receipt of such notice the applicant may apply by originating motion for an order under the said section 24 and notice of the motion must be served on the Crown Solicitor and on any such person as is referred to in paragraph (1).

The applicant must also serve on the said solicitor 3 copies of any evidence filed in support of or in opposition to the application.

(3) An applicant who fails to serve notice of the motion in accordance with paragraph (2) shall be deemed to have abandoned his application.

(4) Within 14 days after service of notice of the motion on the Crown Solicitor the Comptroller shall send his file of the proceedings in the matter to the Master together with a statement to the Court of his reasons for referring the application to the Court.

(5) Subject to any directions given by the Court, the procedure on an application for an order under the said section 24 referred to the Court by the Comptroller shall be the same as on an application for such an order made to the Court by originating summons and rules 11 to 15 shall, so far as applicable, apply with the necessary adaptions.