Search Legislation

Civil Procedure Act 1997

Status:

This is the original version (as it was originally enacted).

7Power of courts to make orders for preserving evidence, etc

(1)The court may make an order under this section for the purpose of securing, in the case of any existing or proposed proceedings in the court—

(a)the preservation of evidence which is or may be relevant, or

(b)the preservation of property which is or may be the subject-matter of the proceedings or as to which any question arises or may arise in the proceedings.

(2)A person who is, or appears to the court likely to be, a party to proceedings in the court may make an application for such an order.

(3)Such an order may direct any person to permit any person described in the order, or secure that any person so described is permitted—

(a)to enter premises in England and Wales, and

(b)while on the premises, to take in accordance with the terms of the order any of the following steps.

(4)Those steps are—

(a)to carry out a search for or inspection of anything described in the order, and

(b)to make or obtain a copy, photograph, sample or other record of anything so described.

(5)The order may also direct the person concerned—

(a)to provide any person described in the order, or secure that any person so described is provided, with any information or article described in the order, and

(b)to allow any person described in the order, or secure that any person so described is allowed, to retain for safe keeping anything described in the order.

(6)An order under this section is to have effect subject to such conditions as are specified in the order.

(7)This section does not affect any right of a person to refuse to do anything on the ground that to do so might tend to expose him or his spouse to proceedings for an offence or for the recovery of a penalty.

(8)In this section—

  • “court” means the High Court, and

  • “premises” includes any vehicle;

and an order under this section may describe anything generally, whether by reference to a class or otherwise.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources