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The Civil Procedure Rules 1998

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Changes over time for: Cross Heading: SECTION II

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Point in time view as at 06/04/2024.

Changes to legislation:

The Civil Procedure Rules 1998, Cross Heading: SECTION II is up to date with all changes known to be in force on or before 05 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1SECTION IIE+WApplications by local authorities for power of arrest to be attached to an injunction

Textual Amendments

Scope of this Section and interpretationE+W

65.8.(1) This Section applies to applications by local authorities under section 91(3) of the Anti-social Behaviour Act 2003 [F2or under section 27(3) of the Police and Justice Act 2006] for a power of arrest to be attached to an injunction.

(Section 91 of the 2003 Act [F3and section 27 of the 2006 Act apply] to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 1972 (power of local authority to bring, defend or appear in proceedings for the promotion or protection of the interests of inhabitants in their area)

(2) In this Section “the 2003 Act” means the Anti-social Behaviour Act 2003.

[F4(3) In this Section “the 2006 Act” means the Police and Justice Act 2006.]

Textual Amendments

F3Words in rule 65.8(1) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 19(d)(ii)

Applications under section 91(3) of the 2003 Act [F5or section 27(3) of the 2006 Act] for a power of arrest to be attached to any provision of an injunctionE+W

65.9.(1) An application under section 91(3) of the 2003 Act [F6or section 27(3) of the 2006 Act] for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by—

(a)the claim form;

(b)the acknowledgment of service;

(c)the defence or counterclaim in a Part 7 claim; or

(d)application under Part 23.

(2) Every application must be supported by written evidence.

(3) Every application made on notice must be served personally, together with a copy of the written evidence, by the local authority on the person against whom the injunction is sought not less than 2 days before the hearing.

(Attention is drawn to rule 25.3(3)–applications without notice)

Textual Amendments

F5Words in rule 65.9 heading inserted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 19(e)(i)

Injunction containing provisions to which a power of arrest is attachedE+W

65.10.(1) Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 91(3) of the 2003 Act, the following rules in Section I of this Part shall apply—

(a)rule 65.4; and

(b)paragraphs (1), (2), (4) and (5) of rule 65.6.

[F7(1A) Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 27(3) of the 2006 Act, the following rules in Section I of this Part apply—

(a)rule 65.4;

(b)paragraphs (1), (2), (4) and (5) of rule 65.6;

(c)paragraph (1) of rule 65.7, as if the reference to paragraph 2(2)(b) of Schedule 15 to the Housing Act 1996 was a reference to paragraph 2(2)(b) of Schedule 10 to the 2006 Act; and

(d)paragraph (2) of rule 65.7.]

F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

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