Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Injunctions | ||
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197. (1) This section applies where a relevant authority— | ||
(a) has given an enforcement notice to a person (in this section referred to as the “relevant person”), and | ||
(b) is of the opinion that the nature or gravity of the possible contravention referred to in section 195 (1) of a relevant provision that founded the giving of that notice to the relevant person warrants, in the interest of protecting the monument, archaeological object, historic object, wreck or other thing to which the notice relates, the relevant person doing, or ceasing to do, an act (in this section referred to as the “relevant act”) until the occurrence of a relevant event. | ||
(2) The relevant authority may make an application by motion to the relevant court for an interim or interlocutory order directing the relevant person to do, or cease to do, the relevant act until the occurrence of the relevant event and the relevant court may— | ||
(a) make the order sought subject to such conditions (if any) as are specified in the order, or | ||
(b) dismiss the application, | ||
and, whether paragraph (a) or (b) is applicable, make such order as to costs as it thinks fit in respect of the application. | ||
(3) Where an order has been or may be sought under this section, any other action, whether under this Act or otherwise, may be commenced or continued, whether by way of civil or criminal proceedings or otherwise. | ||
(4) This section shall not be construed to prevent the relevant court from making such interim or interlocutory order as it thinks fit during the course of, or at the conclusion of, any proceedings before the court pursuant to section 195 (6) or 196 . |