39Applications without noticeE+W
(1)An application under section 37 may be made without the respondent being given notice.
(2)In this Part, such an application is referred to as an application without notice.
(3)Section 38(1) does not apply in relation to an application without notice.
(4)If an application without notice is made the court must either—
(a)dismiss the application, or
(b)adjourn the proceedings.
(5)If the court acts under subsection (4)(b), the applicant must comply with the consultation requirement before the date of the first full hearing.
(6)In this section “full hearing” means a hearing of which notice has been given to the applicant and respondent in accordance with rules of court.
Commencement Information
I1S. 39 in force at 31.1.2011 by S.I. 2010/2988, art. 2