- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.
(1)In proceedings brought under section 19 above in which an injunction is claimed in respect of an act alleged to be unlawful by virtue of any provision of Part I of this Act the court, if satisfied—
(a)that the act was done by the defendant and was unlawful as aforesaid;
(b)that the defendant had previously engaged in conduct which was of the same kind as, or a similar kind to, that act and was unlawful as aforesaid; and
(c)that he is likely, unless restrained by order of the court, to engage in the future in such conduct;
may grant such injunction as appears to the court to be proper in all the circumstances, being an injunction restraining the defendant from engaging in, or causing or permitting others to engage in, conduct of the same kind as that act, or conduct of any similar kind specified in an order of the court.
(2)In proceedings brought under section 20 above in which an order is applied for in respect of an act alleged to be unlawful by virtue of any provision of Part I of this Act, the sheriff, if satisfied—
(a)that the act was done by any person and was unlawful as aforesaid;
(b)that that person had previously engaged in conduct which was of the same kind as, or a similar kind to, that act and was unlawful as aforesaid; and
(c)that he is likely, unless prohibited by an order of the court, to engage in the future in such conduct ;
may make such order as appears to the court to be proper in all the circumstances, being an order prohibiting that person from engaging in, or causing or permitting others to engage in, conduct of the same kind as that act, or conduct of any similar kind specified in the order.
(3)The court may, in determining for the purposes of any such proceedings as are mentioned in subsection (1) or (2) above whether or not a person has engaged in a course of conduct, take into account not only the act or acts to which the proceedings relate, but also any other act, whether or not the subject of an investigation under section 15 of, or Schedule 2 or 3 to, this Act.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: