The Civil Procedure (Amendment) Rules 2007

Amendments to the Civil Procedure Rules 1998

19.  In Part 65—

(a) At the end of the table of contents, insert—

“VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006 Scope of this Section and interpretation	Rule 65.31
Application where the relevant authority is a party in principal proceedings	Rule 65.32
Application where the relevant authority is not a party in principal proceedings	Rule 65.33
Application by a relevant authority to join a person to the principal proceedings	Rule 65.34
Evidence	Rule 65.35
Application for an interim order	Rule 65.36
VII PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003
Scope of this Section and interpretation	Rule 65.37
Applications for parenting orders	Rule 65.38
Applications by the relevant authority to be joined to proceedings	Rule 65.39
Applications by the relevant authority to join a parent to proceedings	Rule 65.40
Evidence	Rule 56.41”;

(b) at the end of rule 65.1(e), for “.” substitute “;”;

(c) after rule 65.1(e), insert—

“(f) in Section VI, about applications for drinking banning orders and interim drinking banning orders under sections 4 and 9 of the Violent Crime Reduction Act 2006(1); and

(g) in Section VII, about parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003(2).”;

(d) in rule 65.8—

(i) in paragraph (1), after “Anti-social Behaviour Act 2003” insert “or under section 27(3) of the Police and Justice Act 2006(3)”;

(ii) in the parenthesis following paragraph (1), for “applies” substitute “and section 27 of the 2006 Act apply”; and

(iii) after paragraph (2) insert—

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

(e) in rule 65.9—

(i) in the heading to the rule, after “the 2003 Act” insert “or section 27(3) of the 2006 Act”; and

(ii) in paragraph (1), after “2003 Act”, insert “or section 27(3) of the 2006 Act”;

(f) after rule 65.10(1), insert—

“(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(4) was a reference to paragraph 2(2)(b) of Schedule 10 to the 2006 Act; and

(d) paragraph (2) of rule 65.7.”; and

(g) after rule 65.36, insert—

“VII – PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003

Scope of this Section and interpretation

65.37.— (1) This Section of this Part applies in relation to applications for parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003 by a relevant authority.

(2) In this Section—

(a) “the 2003 Act” means the Anti-social Behaviour Act 2003; and

(b) “relevant authority” has the same meaning as in section 26C of the 2003 Act.

Applications for parenting orders

65.38.— (1) Subject to paragraph (2)—

(a) where the relevant authority is the claimant in the proceedings, an application for an order under section 26A or 26B of the 2003 Act must be made in the claim form; and

(b) where the relevant authority is a defendant in the proceedings, an application for such an order must be made by application notice which must be filed with the defence.

(2) Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

(3) Where the application is made by application notice, it must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to be joined to proceedings

65.39.— (1) Where the relevant authority is not a party to the proceedings—

(a) an application under section 26C(2) of the 2003 Act to be made a party must be made in accordance with Section I of Part 19; and

(b) the application to be made a party and the application for an order under section 26A or 26B of the 2003 Act must be made in the same application notice.

(2) The applications—

(a) must be made as soon as possible after the relevant authority becomes aware of the proceedings; and

(b) must normally be made on notice to the person against whom the order is sought.

Applications by the relevant authority to join a parent to proceedings

65.40.— (1) An application under section 26C(3) of the 2003 Act by a relevant authority which is a party to the proceedings to join a parent to those proceedings must be made—

(a) in the same application notice as the application for an order under section 26A or 26B of the 2003 Act; and

(b) as soon as possible after the relevant authority considers that the grounds for the application are met.

(2) Rule 19.2 does not apply in relation to an application made by a relevant authority under section 26C(3) of the 2003 Act to join a parent to the proceedings.

(3) The application notice must contain—

(a) the relevant authority’s reasons for claiming the anti-social behaviour of the child or young person is material in relation to the proceedings; and

(b) details of the behaviour alleged.

(4) The application must normally be made on notice to the person against whom the order is sought.

Evidence

65.41.   An application under section 26A, 26B or 26C of the 2003 Act must be accompanied by written evidence.”.

(1)

2006 c. 38.

(2)

2003 c. 38. Section 24 of the Police and Justice Act 2006 (c. 48) inserts sections 26A, 26B and 26C into the Anti-social Behaviour Act 2003.

(3)

2006 c. 48.

(4)

1996 c. 52.