Rule 65.44 Injunction containing provisions to which a power of arrest is attachedF1F2
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 F3and section 4(1)(a) and (b) and (2) of the 2014 Act confer powers to attach a power of arrest to an injunction.)
Where an injunction contains one or more relevant provisions—
each relevant provision must be set out in a separate paragraph of the injunction; and
subject to paragraph (3), the claimant must deliver a copy of the relevant provisions to any police station for the area where the conduct occurred.
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.
Where an order is made varying or discharging any relevant provision, the claimant must—
immediately inform the police station to which a copy of the relevant provisions was delivered under paragraph (2)(b); and
deliver a copy of the order to any police station so informed.
Annotations
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))
- F2
Pt. 65 Section 8 inserted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rule 1(3), Sch. 3; S.I. 2010/2988, art. 2
- F3
Words in rule 65.44 inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 11(e)
Notes on Part 65
Textual amendments
- F2
Words in Pt. 65 Table of Contents substituted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(a)
- F3
Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(b)
- F4
Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(c)
- F5
Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(d)
- F6
Words in Pt. 65 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 29(1)(e)
- F7
Words in Pt. 65 Table of Contents inserted (31.8.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(3), 13(a)
- F8
Words in Pt. 65 Table of Contents inserted (31.1.2011) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(3), 9(a); S.I. 2010/2988 , art. 2
- F9
Words in Pt. 65 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 11(a)(i)
- F10
Words in Pt. 65 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 11(a)(ii)
- F11
Words in Pt. 65 Table of Contents inserted (26.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(5), 23(1)
Notes on Injunctions under the Policing and Crime Act 2009 and under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014
Textual amendments
- F3
Words in Pt. 65 Section 8 heading inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 11(b)