(1) A person who concludes an acquisition to which Regulation 38 applies without having notified the Bank in accordance with that Regulation, may make an application to the court under this Regulation and the court may, if it is satisfied that the failure was inadvertent and that it is in the interests of justice to do so, make an order -
(a) requiring the person to provide the Bank with the information required under Regulation 39, and
(b) requiring the Bank to carry out an assessment in accordance with Regulations 40, 41 and 42.
(2) An application under paragraph (1) shall be on notice to the Bank and the Bank shall be entitled to appear, be heard and adduce evidence at the hearing of the application.
(3) Notice of an application under paragraph (1) shall be served on the Bank at least 14 days before the date of hearing of the application.
(4) An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of ap
…