(1) Except where a rule or other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.
(2) If the court proposes to make an order of its own initiative, it must give any party likely to be affected a reasonable opportunity to make representations.
(3) The opportunity may be to make representations orally, in writing, telephonically or by any other means as the court considers reasonable.
(4) If the court proposes to —
(a) make an order of its own initiative; and
(b) hold a hearing to decide whether to do so,
the court office must give each party likely to be affected by the order at least 7 days' notice of the date, time and place of the hearing.
(5) If the court of its own initiative strikes out a statement of case or dismisses an application (including an application for permission to appeal) and it considers that the claim or application is totally without merit —
(a) the court's order must record that fact; and
(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.
(6) The Chief Justice may by practice direction prescribe —
(a) the circumstances in which the court has the power to make a civil restraint order against a party to the proceedings;
(b) the procedure where a party applies for a civil restraint order against another party; and
(c) the consequences of the court making a civil restraint order.