Judicial Review Procedure Act 2016

15 Interim orders

(1)

At any time before the final determination of an application, the court may, on the application of a party, make an interim order of the kind specified in subsection (2) if, in its opinion, it is necessary to do so to preserve the position of the applicant.

(2)

The interim orders referred to in subsection (1) are interim orders—

(a)

prohibiting a respondent from taking any further action that is, or would be, consequential on the exercise of the statutory power:

(b)

prohibiting or staying any proceedings, civil or criminal, in connection with any matter to which the application relates:

(c)

declaring that any licence that has been revoked or suspended in the exercise of the statutory power, or that will expire by the passing of time before the final determination of the application, continues and, where necessary, that it be deemed to have continued in force.

(3)

However, if the Crown is a respondent,—

(a)

the court may not make an order against the Crown under subsection (2)(a) or (b); but

(b)

the court may, instead, make an interim order—

(i)

declaring that the Crown ought not to take any further action that is, or would be, consequential on the exercise of the statutory power:

(ii)

declaring that the Crown ought not to institute or continue any proceedings, civil or criminal, in connection with any matter to which the application relates.

(4)

An order under subsection (2) or (3) may—

(a)

be made subject to such terms and conditions as the court thinks fit; and

(b)

be expressed to continue in force until the application is finally determined or until such other date, or the happening of such other event, as the court may specify.

Compare: 1972 No 130 s 8