The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 65 E+W PROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

Textual Amendments

F1 Pt. 65 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(b), Sch. 2 (with rule 20(2)(a))

SECTION II E+W Applications by local authorities for power of arrest to be attached to an injunction

Applications under section 91(3) of the 2003 Act [F2 or section 27(3) of the 2006 Act] for a power of arrest to be attached to any provision of an injunction E+W

65.9.— (1) An application under section 91(3) of the 2003 Act [F3 or 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

F2 Words 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)

F3 Words in rule 65.9(1) inserted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 19(e)(ii)