SCHEDULE 2

SECTION IIApplications by local authorities for power of arrest to be attached to an injunction

Scope of this Section and interpretation

65.8.

(1)

This Section applies to applications by local authorities under section 91(3) of the Anti-social Behaviour Act 200320 for a power of arrest to be attached to an injunction.
(Section 91 of the 2003 Act applies to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 197221 (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.

Applications under section 91(3) of the 2003 Act for a power of arrest to be attached to any provision of an injunction

65.9.

(1)

An application under section 91(3) of the 2003 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)

Injunction containing provisions to which a power of arrest is attached

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.

(2)

CCR Order 29, rule 1 shall apply where an application is made in a county court to commit a person for breach of an injunction.