- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5.—(1) The Rules are amended in accordance with the following subparagraphs.
(2) In rule 64.9 (duties of commissioner)(1), in paragraph (c), after “legal advice” insert “and to ask the court to vary or discharge the order”.
(3) For rule 64.12 (right of haver to consult)(2) substitute—
64.12.—(1) The haver may seek legal or other professional advice of his choice.
(2) Where the purpose of seeking this advice is to help the haver to decide whether to ask the court to vary or discharge the order, the haver may ask the Commissioner to delay starting the search for up to 2 hours or such other longer period as the Commissioner may permit.
(3) Where the haver is seeking advice under this rule, he or she must—
(a)inform the Commissioner and the petitioner’s agent of that fact;
(b)not disturb or remove any listed items;
(c)permit the Commissioner to enter the premises, but not to start the search.”.
(4) For Form 64.6 (form of order of court in procedure for recovery of documents under Chapter 64)(3), and Form 64.9 (notice to accompany order of the court when served by Commissioner)(4), substitute the forms set out in Schedule 2 to this Act of Sederunt.
Rule 64.9 was inserted by S.S.I. 2000/319 and amended by S.S.I. 2004/52.
Rule 64.12 was inserted by S.S.I. 2000/319.
Form 64.6 was inserted by S.S.I. 2000/319 as Form 64.-A and was renumbered by S.S.I. 2004/52 and amended by S.S.I. 2009/450.
Form 64.9 was inserted by S.S.I. 2009/319 as Form 64.-B and was renumbered by S.S.I. 2004/52.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: