759Application for authority

759 Application for authority

(1)  [Rule 759 Subrule (1) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] The practitioner of any person, public authority or public officer desiring to commence an action as relator in the name of the Attorney-General is to leave with the Attorney-General –

(a) a copy of the writ and the proposed statement of claim; and

(b) a certificate of counsel annexed to the writ and statement of claim stating that they are proper for the allowance of the Attorney-General; and

(c) a second copy of the writ and the statement of claim; and

(d) [Rule 759 Subrule (1) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] a certificate of the relator's practitioner stating that the relator is –

(i) a proper person to be a relator; and

(ii) competent to answer the costs of the proposed action.

(2)  The Attorney-General is to retain the documents referred to in subrule (1)(a) , (b) and (d) .

(3)  [Rule 759 Subrule (3) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] If the Attorney-General allows the action, the copies referred to in subrule (1)(c) are to be signed by the Attorney-General and returned to the relator's practitioner.