(1)[F2A court] shall not make an order under section 33 or 34 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.
(2)Rules of court may make provision as to the circumstances in which an order under section 33 or 34 can be made; and any rules making such provision may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
(3)Without prejudice to the generality of subsection (2), rules of court shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 33(2) or 34 incurred by the person against whom the order is sought shall be awarded to that person unless the court otherwise directs.
(4)Sections 33(2) and 34 and this section bind the Crown; and section 33(1) binds the Crown so far as it relates to property as to which it appears to the court that it may become the subject-matter of subsequent proceedings involving a claim in respect of personal injuries to a person or in respect of a person’s death.
In this subsection references to the Crown do not include references to Her Majesty in Her private capacity or to Her Majesty in right of Her Duchy of Lancaster or to the Duke of Cornwall.
(5)In sections [F332A,] 33 and 34 and this section—
“property” includes any land, chattel or other corporeal property of any description;
“personal injuries” includes any disease and any impairment of a person’s physical or mental condition.]
Textual Amendments
F1S. 35 repealed so far as it relates to county courts by County Courts Act 1984 (c. 28, SIF 34), s. 148(3), Sch. 4
F2Words in s. 35(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 57; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3 “32A,” inserted by Administration of Justice Act 1982 (c. 53, SIF 37), ss. 6(2), 73(2)