# The County Court (Amendment) Rules 1998, Article 8: Protection from Harassment Act 1997


After rule 15 of Order 49, there shall be inserted the following—
“Protection from Harassment Act 1997
15A (1) In this rule, “the 1997 Act” means the Protection from Harassment Act 1997.
(2) This rule shall apply to injunctions granted on or after the date of the commencement of this rule and injunctions granted before that date shall be treated as if this rule had not come into force.
(3) Proceedings under section 3 of the 1997 Act to a county court shall be filed—
(a) in the court for the district in which the plaintiff resides or carries on business; or
(b) in the court for the district in which the defendant resides or carries on business.
(4) Where the court grants an injunction under section 3 of the 1997 Act, it shall be issued in the appropriate prescribed form.
(5) An application for the issue of a warrant for the arrest of the defendant under section 3(3) of the 1997 Act shall—
(a) state that it is an application for the issue of a warrant for the arrest of the defendant;
(b) set out the grounds for making the application and be supported by an affidavit or evidence on oath;
(c) state whether the plaintiff has informed the police of the defendant’s conduct as described in sub-paragraph (b); and
(d) state whether, to the plaintiff’s knowledge, criminal proceedings are being pursued.
(6) Where the court issues a warrant for the arrest of the defendant, the warrant shall be issued in the appropriate prescribed form.
(7) The court before whom a person is brought following his arrest may—
(a) determine whether the facts, and the circumstances which led to the arrest, amounted to disobedience of the injunction, or
(b) adjourn the proceedings and, where such an order is made, the arrested person shall be released and—
(i) may be dealt with within 14 days of the day on which he was arrested; and
(ii) be given not less than 2 days' notice of the adjourned hearing.”.

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Source: https://www.legislation.gov.uk/uksi/1998/1899/article/8 (the official version)
Page: https://openlegislation.uk/county-court-amendment-rules-1998/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.