reg 11 Application for an excepting direction under section 45(4) or (5), 45A(10) or 46(9) of the 1999 Act
(1) An application for an excepting direction under section 45(4) or (5), 45A(10) or 46(9) of the 1999 Act may be made by— (a) a party to proceedings in which restrictions have been imposed by a direction under section 45(3) of the 1999 Act or by a reporting direction; (b) any person who, although not a party to those proceedings, is directly affected by those restrictions. (2) An application for an excepting direction may be made— (a) in writing at any time after the commencement of the proceedings in the court; or (b) orally, at a hearing of an application for a direction under section 45(3) of the 1999 Act or for a reporting direction. (3) An application for an excepting direction must state why the applicant considers— (a) that the restrictions imposed on the reporting of the proceedings by the direction under section 45(3) of the 1999 Act or the reporting direction are substantial and unreasonable and that it is in the public interest to remove or relax those restrictions; or (b) that it is necessary in the interests of justice to remove or relax those restrictions. (4) A written application for an excepting direction must include the following information— (a) name, address and date of birth of the person concerned in the proceedings in relation to whom the application is made (or the reason for not giving these details); (b) brief details of the charges to which the application applies; (c) the extent to which the applicant invites the judge advocate to dispense with the restrictions imposed by the direction under section 45(3) of the 1999 Act or the reporting direction; (d) why the applicant considers— (i) that the restrictions imposed on the reporting of the proceedings by the direction under section 45(3) of the 1999 Act or the reporting direction are substantial and unreasonable and that it is in the public interest to remove or relax those restrictions; or (ii) that it is necessary in the interests of justice to remove or relax those restrictions; (e) in the case of an application for an excepting direction under section 45(4) or (5) or 45A(10) of the 1999 Act, a statement explaining whether the applicant disputes that the granting of protection is in the interests of the welfare of the person concerned in the proceedings; (f) if an applicant is not a party to the proceedings, a statement explaining how he or she is directly affected by the restrictions imposed with respect to the person in relation to whom the application is made. (5) If an application for an excepting direction is made in writing, the applicant must— (a) send it to the court administration officer; and (b) at the same time, send copies to every party or, as the case may be, every other party to the proceedings. (6) Any person served with a copy of an application for an excepting direction who wishes to oppose it must notify the applicant and the court administration officer in writing of his or her opposition and give reasons for it. (7) The notification under paragraph (6) must be given within 5 working days of the date the application was served on that person unless an extension of time is granted under rule 13.