Section 38 Consultation by applicants for injunctionsI1

England and Wales

(1)

Before applying for an injunction under section 37, the applicant must comply with the consultation requirement.

(2)

The consultation requirement is that the applicant must consult—

(a)

any local authority, and any chief police officer, that the applicant thinks it appropriate to consult, and

F1(aa)

where the respondent is under the age of 18 (and will be under that age when the application is made), the youth offending team established under section 39 of the Crime and Disorder Act 1998 in whose area it appears to the applicant that the respondent resides, and

(b)

any other body or individual that the applicant thinks it appropriate to consult.

F2(3)

If it appears to the applicant that the respondent resides in the area of two or more youth offending teams, the obligation in subsection (2)(aa) is to consult such of those teams as the applicant thinks appropriate.

Annotations

Textual amendments

F1: S. 38(2)(aa) inserted (9.1.2012) by Crime and Security Act 2010 (c. 17), ss. 36(2), 59(1); S.I. 2011/3016, art. 2(c)
F2: S. 38(3) inserted (9.1.2012) by Crime and Security Act 2010 (c. 17), ss. 36(3), 59(1); S.I. 2011/3016, art. 2(c)

Commencement

I1: S. 38 in force at 31.1.2011 by S.I. 2010/2988, art. 2

Notes on Part 4

Textual amendments

F1: Words in Pt. 4 heading inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 83; S.I. 2015/820, reg. 3(q)(ix)