(1) This Section applies to applications by local authorities under section 91(3) of the Anti-social Behaviour Act 2003¹¹or under section 27(3) of the Police and Justice Act 2006¹²for a power of arrest to be attached to an injunction.

(Section 91 of the 2003 Act and 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 1972¹³(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.

(3) In this Section ‘the 2006 Act’means the Police and Justice Act 2006.

(1) An application under section 91(3) of the 2003 Act 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 –

(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)

(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 –

(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 –

(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.

(1) This Section applies to –

(2) In this Section –

(za) “the 2016 Act” means the Renting Homes (Wales) Act 2016;

(1) 

(a) The claim may be made at any County Court hearing centre;

(b) the claim will be issued by the hearing centre where the claim is made; and

(c) if the claim is not made at the County Court hearing centre which serves the address where the property or dwelling is situated, the claim, when it is issued, will be sent to that hearing centre.

(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the address where the property or dwelling is situated.)

(2) The claim form and form of defence sent with it must be in the forms set out in Practice Direction 65.

(Part 16 and Practice Direction 65 provide details about the contents of the particulars of claim)

(1) The court will fix a date for the hearing when it issues the claim form.

(2) The hearing date will be not less than 28 days from the date of issue of the claim form.

(3) The standard period between the issue of the claim form and the hearing will be not more than 8 weeks.

(4) The defendant must be served with the claim form and the particulars of claim not less than 21 days before the hearing date.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule and rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing)

(1) An acknowledgement of service is not required and Part 10 does not apply.

(2) Where the defendant does not file a defence within the time specified in rule 15.4 he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.

(3) Part 12 (default judgment) does not apply.

(1) At the hearing fixed in accordance with rule 65.16(1) or at any adjournment of that hearing the court shall take appropriate steps to ensure that the respondent is aware of their entitlement to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test, and may–

(2) Where the claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the claim to a track or directions to enable it to be allocated.

(3) Except where –

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

(Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

(4) All witness statements must be filed and served at least two days before the hearing.

(5) Where the claimant serves the claim form and particulars of claim, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.

(1) This Section applies to applications in proceedings in the County Court under sub-sections (2), (3) or (3B) of section 1B of the Crime and Disorder Act 1998¹⁷by a relevant authority, and to applications for interim orders under section 1D of that Act.

(2) In this Section –

(1) Subject to paragraph (2) –

(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 should normally be made on notice to the person against whom the order is sought.

(1) An application under section 1B(3B) of the 1998 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made–

(2) The application notice must contain–

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

(1) Where the relevant authority is not a party to the principal proceedings –

(2) The applications –

(1) An application for an interim order under section 1D of the 1998 Act must be made in accordance with Part 25.

(2) The application should normally be made –

(1) A claim under section 3 of the 1997 Act –

(1) An application for a warrant of arrest under section 3(3) of the 1997 Act –

(2) The application notice must be supported by affidavit evidence which must –

(1) The judge before whom a person is brought following his arrest may –

(2) Where the proceedings are adjourned and the arrested person is released –

(1) This Section applies to applications in proceedings in the County Court under sub-sections (2), (3) or (5) of section 4 of the Violent Crime Reduction Act 2006 by a relevant authority, and to applications for interim orders under section 9 of that Act.

(2) In this Section –

(1) Subject to paragraph (2) –

(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 should normally be made on notice to the person against whom the order is sought.

(1) Where the relevant authority is not a party to the principal proceedings –

(2) The applications –

(1) An application under section 4(5) of the 2006 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made–

(2) The application notice must contain–

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

(1) An application for an interim order under section 9 of the 2006 Act must be made in accordance with Part 25.

(2) The application should normally be made –

(3) An application for an interim order may be –

with the permission of the court.

(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 –

(1) Subject to paragraph (2) –

(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.

(1) Where the relevant authority is not a party to the proceedings –

(2) The applications –

(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 –

(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–

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

(1) This Section applies to applications for an injunction and other related proceedings under Part 4 of the Policing and Crime Act 2009²⁰ (Injunctions: gang-related violence) and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (Injunctions).

(2) In this Section—

(a) 'the 2009 Act' means the Policing and Crime Act 2009²¹; and

(b) 'the 2014 Act' means the Anti-Social Behaviour, Crime and Policing Act 2014.

(1) An application for an injunction under Part 4 of the 2009 Act or Part 1 of the 2014 Act is subject to the Part 8 procedure as modified by this rule and Practice Direction 65.

(2) The application –

(3) The claim form must state–

(4) An application under this rule may be made without notice and where such an application without notice is made–

(a1) the application may—

(i) be made at any County Court hearing centre;

(ii) be heard at the hearing centre where the application is made; and

(iii) at any stage of the proceedings, be transferred by the court to—

(aa) the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or

(bb) another hearing centre as the court considers appropriate;

(5) In every application made on notice, the application notice must be served, together with a copy of the witness statement, by the claimant on the defendant personally.

(6) An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgment of service under rule 8.3, and in such a case –

(1) In this rule ‘relevant provision’ means a provision of an injunction to which a power of arrest is attached.

(Section 36(6) and (7) and section 40(3) and 41(4) of the 2009 Act and section 4(1)(a) and (b) and (2) of the 2014 Act confer powers to attach a power of arrest to an injunction.)

(2) Where an injunction contains one or more relevant provisions –

(3) Where the injunction has been granted without notice, the claimant must not deliver a copy of the relevant provisions to any police station for the area where the conduct occurred before the defendant has been served with the injunction containing the relevant provisions.

(4) Where an order is made varying or discharging any relevant provision, the claimant must –

(1) An application to vary or discharge an injunction under section 42(1)(b) of the 2009 Act or section 8(1)(a) and (b) of the 2014 Act must be made in accordance with Part 23.

(2) An application by the claimant to vary or discharge the injunction under section 42(1)(b) of the 2009 Act may be made without notice.

(3) If an application under this rule is made without giving notice, the application notice must state the reasons why notice has not been given.

(1) An application for a warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act must be made in accordance with Part 23 and may be made without notice.

(2) An applicant for a warrant of arrest under section 44(2) of the 2009 Act or section 10 of the 2014 Act must –

(3) Where in accordance with sub-paragraph (2)(b), oral evidence is given, the applicant must produce a written record of that evidence which must be served on the person arrested at the time of the arrest.

(1) This rule applies where a person is arrested pursuant to –

(2) The judge before whom a person is brought following his arrest may –

(3) If proceedings under section 43 or 44 of the 2009 Act or section 9 or 10 of the 2014 Act are adjourned and the arrested person is released –

(4) A contempt application may be issued even if the arrested person is not dealt with within the period in sub-paragraph (3)(a).

(1) Where, in accordance with paragraph 2(2)(b) of Schedule 5 to the 2009 Act or paragraph 2(3)(b) of Schedule 1 to the 2014 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by –

with the same consequences as if it had been entered into before the court.

(2) The person having custody of an applicant for bail must release that person if satisfied that the required recognizances have been taken.

(1) An application under section 34 or 39 of the 2009 Act or section 5 or 6 of the 2014 Act which includes an application for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by –

(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 applicant 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.)