Paragraph Rule 3 Application for restraint order or charging order
England and Wales
An application for a restraint order under section 26 or for a charging order under section 27 (to either of which may be joined an application for the appointment of a receiver) may be made by the prosecutor by the issue of a claim form, notice of which need not be served on any other party.
An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall—
give the grounds for the application; and
to the best of the witness’s ability, give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property.
Unless the Court otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.
Notes on Schedule 1
Modifications
- C1
Sch. 1, Sch. 2 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
- C2
Sch. 1 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))
Commencement
Notes on
Footnotes
- f1
- f2