The Design Right (Proceedings before Comptroller) (Amendment) Rules 1999

• Citation: S.I. 1999/3195
• Sections: 7

Section 1 Citation, commencement and transitional

(1) These Rules may be cited as the Design Right (Proceedings before Comptroller) (Amendment) Rules 1999 and subject to paragraph (2) shall come into force on 22nd December 1999.

(2) Rules 3, 4 and 6 of these Rules shall not apply to any proceeding commenced before the Comptroller before the entry into force of these Rules but shall apply to such proceedings as from 26th April 2000.

Section 2 Citation, commencement and transitional

The Design Right (Proceedings before Comptroller) Rules 1989 shall be amended as follows.

Section 3 Citation, commencement and transitional

In rule 4 (Comptroller’s directions), after the word “appropriate” there shall be inserted—

including directing the party or parties to attend a case management conference or a pre-hearing review or both.

Section 4 Citation, commencement and transitional

In rule 5 (procedure and evidence at hearing)—

(a) in paragraphs (1) and (2) after the words “statutory declaration” insert the words “, witness statement”;

(b) after paragraph (6) insert

(7) The Comptroller may give a direction as he thinks fit in any particular case that evidence shall be given by affidavit or statutory declaration instead of or in addition to a witness statement.

(8) Where in proceedings before the Comptroller, a party adduces evidence of a statement made by a person otherwise than while giving oral evidence in the proceedings and does not call that person as a witness, the Comptroller may, if he thinks fit, permit any other party to the proceedings to call that person as a witness and cross-examine him on the statement as if he had been called by the first-mentioned party and as if the statement were his evidence in chief.

Section 5 Citation, commencement and transitional

After rule 18 (evidence) insert—

(18(A) Any witness statement filed under these Rules shall—

(a) be a written statement signed and dated by a person which contains the evidence which the person signing it would be allowed to give orally; and

(b) include a statement by the intended witness that he believes the facts in it are true.

Section 6 Citation, commencement and transitional

In rule 20 (time), for paragraph (1) substitute—

(1) The times or periods prescribed by these Rules for doing any act or taking any proceedings thereunder may be extended or shortened by the Comptroller if he thinks fit, upon such notice and upon such terms as he may direct, and an extension may be granted although the time for doing such act or taking such proceedings has already expired.

Section 7 Citation, commencement and transitional

In rule 21 (hours of business)

(a) in (a) and (b), for the reference to the time denoted by the words “10.00 am” substitute the words “9.00 a.m.”

(b) in (b) for the reference to the time denoted by the words “4.00 p.m.” substitute the words “5.00 p.m.”.

(c) after the words “Christmas Day” insert the words “, Tuesday 4th January 2000”.