Section 33 Vexatious litigant: operation of restraint orderI1

England Not yet in force

(1)

A restraint order is in force for—

(a)

the period specified in the order, or

(b)

if no period is specified, an indefinite period.

(2)

A restraint order must be published in accordance with such directions as the President of Tribunals may issue.

(3)

A complaint, application or request made in contravention of a restraint order is a nullity.

(4)

Where a restraint order is in force, the President of Tribunals or the Chair of the tribunal or court who made the order may, on an application by the person subject to the order, grant permission under section 32 if—

(a)

the making of the proposed complaint, application or request by that person would not amount to an abuse of process, and

(b)

the complaint, application or request is based on reasonable grounds.

(5)

The President of Tribunals or the Chair of a tribunal or court, on an application by a person subject to a restraint order, may vary or discharge the order if satisfied—

(a)

that there has been a material change of circumstances since the order was made, and

(b)

that it would be appropriate to vary or discharge the order.

Annotations

Commencement

I1: S. 33 not in force at Royal Assent, see s. 73(3)