Protection of Personal and Property Rights Act 1988

30 Temporary orders

(1)

Where a court is satisfied—

(a)

that an application for the exercise of its jurisdiction under this Part has been made or is to be made in relation to any person; and

(b)

that there are reasonable grounds for believing that that person may be a person in relation to whom a court has jurisdiction under this Part in accordance with section 25; and

(c)

that it is in the best interests of that person that urgent provision be made for the protection of his or her property or any part of it pending the final determination of the application for the exercise of the court’s jurisdiction,—

the court may make a temporary order under this section.

(2)

A temporary order may be made on the application of any person specified in section 26.

(3)

It shall not be necessary to serve a copy of an application for a temporary order on the person in respect of whom the order is sought, nor shall that person be entitled to attend, or be heard, or call or cross-examine witnesses in respect of the application, unless the court otherwise orders.

(4)

Nothing in sections 66 to 73 shall apply in respect of an application for a temporary order under this section.

(5)

If a court makes a temporary order, it shall appoint as temporary manager such fit and proper person (being a person who would be eligible for appointment as manager under section 31) to take possession and control of the property of the person in respect of whom the order is made, or such of that person’s property as may be specified in the order.

(6)

Where a court decides to make a temporary order, sections 16, 31, 35 to 53, and 57 shall apply with any necessary modifications.

(7)

No temporary order made pursuant to this section shall continue in force for more than 3 months after the date on which it is made.

(8)

A temporary order made pursuant to this section may be varied, discharged, or enforced in the same manner as if it were a final order of the Family Court.

Section 30(8): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).