Article 8 Housing Act 1996

After Order 49, rule 6A, there shall be inserted the following new rule—

“Housing Act 1996 : injunctions and powers of arrest

6B

(1)

An application for an injunction under section 152 of the Housing Act 1996 may be made by originating application in the appropriate prescribed form and shall be commenced in the court for the district in which the respondent resides or the conduct complained of occurred.

(2)

Every application shall—

(a)

state the terms of the injunction applied for; and

(b)

be supported by an affidavit in which the grounds on which the application is made are set out.

(3)

Every application made on notice must be served, together with a copy of the affidavit, by the applicant on the respondent personally not less than 2 days before the date on which the application will be heard.

(4)

Where an application is made without giving notice, the affidavit in support shall explain why notice was not given and the application and affidavit shall be served (with a copy of any order made by the court), on the respondent personally without delay.

(5)

Unless otherwise directed, every application made on notice shall be heard in open court.

(6)

Where in exercise of the powers conferred by section 152(6) or 153(1) of the Housing Act 1996, a power of arrest is attached to any provision of an injunction (“a relevant provision)”—

(a)

each relevant provision shall be set out in a separate clause of the injunction and no such clause shall refer to any form of conduct which would not entitle a constable to arrest the respondent under paragraph (a), (b) or (c) of section 152(1) or under paragraph (a), (b) or (c) of section 153(5) of the Housing Act 1996; and

(b)

the applicant shall deliver a copy of the relevant provisions to the police officer for the time being in charge of any police station for the area where the conduct occurred.

(7)

Where an order is made varying or discharging any relevant provision of an injunction to which a power of arrest has been attached, the proper officer shall—

(a)

immediately inform the police officer for the time being in charge of the police station to which a copy of the relevant provisions was delivered under paragraph (6); and

(b)

deliver a copy of the order to any police officer so informed.

(8)

The judge before whom a person is brought following his arrest may adjourn the proceedings and, where such an order is made, the arrested person shall be released and—

(a)

be dealt with (whether by the same or another judge) within 14 days of the day on which he was arrested; and

(b)

be given not less than 2 days' notice of the adjourned hearing.

Nothing in this paragraph shall prevent the issue of a notice under Order 29, rule 1(4) if the arrested person is not dealt with within the period mentioned in sub-paragraph (a).

(9)

In relation to a person who is in custody under such an order and warrant of a county court, Order 29, rule 3, shall have effect as if the order and warrant were issued at the instance of the person who made the application.

(10)

Order 29, rule 1 shall apply where an application is made to commit a person—

(a)

for breach of an injunction granted, or

(b)

arrested under a power of arrest attached to an injunction,

under Chapter III of part V of the Housing Act 1996 as if references in that rule to the judge included references to a district judge.

(11)

In paragraph (8) “arrest” means the arrest of a person pursuant to a power of arrest which, in exercise of the powers conferred by section 152(6) or 153(1) of the Housing Act 1996, has been attached to an injunction.

(12)

The jurisdiction of the court under sections 152 to 157 of the Housing Act 1996 may be exercised by a district judge.”.