100Injunctions to restrain offences against Act or failure to

100 Injunctions to restrain offences against Act or failure to comply with directions (1) This section applies if a person— (a) has committed, is committing, or is likely to commit, an offence against this Act; or (b) has not complied with a technical regulator’s direction given under section 18 or section 55; or (c) has not complied with a technical regulator’s urgent direction given under section 20. Note 1 A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189). Note 2 A reference to an Act includes a reference to the statutory instruments (2) The technical regulator may apply to the Supreme Court for an injunction. (3) On application under subsection (2), the Supreme Court may grant an injunction restraining the person from contravening this Act (including by requiring the person to do something).

Injunctions Division 9.6 (4) The Supreme Court may grant the injunction— (a) whether or not it appears to the court that the person intends to contravene this Act, contravene this Act again or continue to contravene this Act; and (b) whether or not the person has previously contravened this Act; and (c) whether or not there is a likelihood of the health or safety of a person being affected by, or property or the environment being damaged by, a hazard if the person contravenes this Act; and (d) whether or not a proceeding for an offence against this Act has begun or is about to begin. (5) The Supreme Court may grant an interim injunction restraining the person from committing an offence against this Act (including requiring the person to do something) before deciding an application for an injunction under this section.