s.4Review and revocation of declaration under section 3
4
Section 4Part 0 —

Review and revocation of declaration under section 3

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This section applies where a court seised of relevant civil proceedings has made a declaration under section 3.
The court shall keep the declaration under review, and may at any time revoke it if it considers that the declaration is no longer in the interests of the fair and effective administration of justice in the proceedings.
The court shall undertake a formal review of the declaration once the pre-trial disclosure exercise in the proceedings has been completed, and shall revoke it if it considers that the declaration is no longer in the interests of the fair and effective administration of justice in the proceedings.
The court may revoke a declaration in accordance with subsection (2) or (3) —
on the application of —
the Attorney General (whether or not the Attorney General is a party to the proceedings), or
any party to the proceedings, or
of its own motion.
In deciding for the purposes of subsection (2) or (3) whether a declaration continues to be in the interests of the fair and effective administration of justice in the proceedings, the court shall consider all of the material that has been put before it in the course of the proceedings and not just the material on which the decision to make the declaration was based.
The Rules Committee shall make rules providing for —
how a formal review is to be conducted under subsection (3); and
when the pre-trial disclosure exercise is to be considered to have been completed for the purposes of subsection (3).

Cross References

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