Housing Act 1996

154 Powers of arrest: ex-parte applications for injunctions. E+W

(1) In determining whether to exercise its power under [F1 section 153C(3) or 153D(4)] to attach a power of arrest to an injunction which it intends to grant on an ex-parte application, the High Court or a county court shall have regard to all the circumstances including—

(a) whether it is likely that the applicant will be deterred or prevented from seeking the exercise of the power if the power is not exercised immediately, and

(b) whether there is reason to believe that the respondent is aware of the proceedings for the injunction but is deliberately evading service and that the applicant or any person of a description mentioned in [F2 section 153A(4)] (as the case may be) will be seriously prejudiced if the decision as to whether to exercise the power were delayed until substituted service is effected.

(2) Where the court exercises its power as mentioned in subsection (1), it shall afford the respondent an opportunity to make representations relating to the exercise of the power as soon as just and convenient at a hearing of which notice has been given to all the parties in accordance with rules of court.

Textual Amendments

F1 Words in s. 154(1) substituted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(4)(a), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)

F2 Words in s. 154(1)(b) substituted (30.6.2004 for E., 30.9.2004 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 13(4)(b), 93; S.I. 2004/1502, art. 2(a)(ii); S.I. 2004/2557, art. 2(a)(i) (with Sch. para. 1)