Amendment of the Magistrates’ Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 200422

1

After Rule 2(4), there shall be inserted the following new paragraph—

5

An interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings shall be in Form 4A.

2

Rule 3 is amended as follows—

a

at the end of sub-paragraph (1)(b) the word “or” shall be omitted;

b

at the end of sub-paragraph (1)(c) for “,”, there shall be substituted “; or”; and

c

after sub-paragraph (1)(c), there shall be inserted the following new sub-paragraph—

d

an interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings,

3

Rule 4 is amended as follows—

a

after paragraph (1), there shall be inserted the following new paragraph—

1A

Any summons issued in accordance with paragraph (1) may be served by—

a

the complainant or employee of the complainant;

b

the summons server of the petty sessions district in which the proceedings are brought or in which the defendant or witness resides; or

c

any person who has received permission from a resident magistrate or lay magistrate or from the clerk of petty sessions to serve the summons;

and any such permission shall be endorsed on the original summons and signed by the person giving it.

b

at the end of sub-paragraph (2)(b) the word “or” shall be omitted;

c

at the end of sub-paragraph (2)(c) for “,”, there shall be substituted “; or”;

d

after sub-paragraph (2)(c) there shall be inserted the following new sub-paragraph—

an interim anti-social behaviour order under Article 6A of the 2004 Order made on conviction in criminal proceedings,

e

in paragraph (3) for “complainant”, there shall be inserted “complainant or, where appropriate, other specified authority”.

4

The Schedule shall be amended as follows:

a

by inserting after Form 4, the new Form 4A in the Schedule to these Rules; and

b

by substituting for Form 5, the new Form 5 in the Schedule to these Rules.