Applications, intervention and codes of practice
I120Giving notice of applications
1
Where an application under a provision listed in subsection (2) is made—
a
the applicant must send notice of the application and any other information specified by rules of court to the persons specified by rules of court, and
b
the application must be advertised in accordance with rules of court.
2
Those provisions are—
a
section 2 (guardianship order);
b
section 12 (variation of guardianship order);
c
section 13 (revocation of guardianship order).
3
The court must refuse to hear an application under a provision listed in subsection (2) if it knows that a requirement under subsection (1) has not been met.
4
If the court makes an order on an application in circumstances in which a requirement under subsection (1) has not been met—
a
the failure to meet the requirement does not invalidate the order, but
b
where the court considers varying or revoking a guardianship order which it knows was made or varied in such circumstances, it must consider the effect of the failure.
5
Rules of court may make provision imposing obligations to send notice to persons specified in the rules and to advertise where—
a
an application is made under a provision of this Act which is not listed in subsection (2), or
b
the court proposes to exercise a power under this Act without an application being made.