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PART IIIMiscellaneous

24Restriction of vexatious prosecutions

(1)Section 42 of the [1981 c. 54.] Supreme Court Act 1981 (restriction of vexatious civil proceedings) shall be amended as follows.

(2)In subsection (1)—

(a)in paragraphs (a) and (b) for the word " legal" there shall be substituted, in each case, " civil " ;

(b)at the end of paragraph (b) there shall be inserted— or

(c)instituted vexatious prosecutions (whether against the same person or different persons),; and

(c)for the words from " order " to the end of the subsection there shall be substituted—

make a civil proceedings order, a criminal proceedings order or an all proceedings order..

(3)After subsection (1) there shall be inserted—

(1A)In this section—

(4)In subsection (3), for the word "legal" there shall be substituted " civil".

(5)After subsection (3) there shall be inserted—

(3A)Leave for the laying of an information or for an application for leave to prefer a bill of indictment by a person who is the subject of an order for the time being in force under subsection (1) shall not be given unless the High Court is satisfied that the institution of the prosecution is not an abuse of the criminal process and that there are reasonable grounds for the institution of the prosecution by the applicant.

(6)In subsection (4), for the words from " for the institution " to the end there shall be substituted " required by virtue of this section".

(7)An order made under section 42 before the commencement of this section and in force at the time of that commencement shall, for the purposes of that section as amended by this section, be treated as a civil proceedings order.