Disclosure Orders5

1

In rule 76.37 (disclosure orders)9

a

in paragraph (1), after “391(1)” insert “of the Act of 2002”;

b

after paragraph (3) insert—

4

Rule 4.11 (documents not to be borrowed) shall not apply to an application under section 391 of the Act of 2002.

5

When an application is made under section 391 of the Act of 2002—

a

the process shall be marked “Restricted Access”;

b

only the petitioner may borrow or inspect documents lodged in process.

6

The restrictions referred to in paragraph (5) shall apply for a period of 5 years from the date of the application.

7

The petitioner may apply to the court by motion for extension of that 5 year period.

8

Any person affected by a disclosure order may apply to the court by motion to have the restrictions mentioned in paragraph (5) varied.

9

A motion under paragraph (7) or (8) shall be granted only on cause shown.