38. Provisions supplementary to sections 36 and 37
(1) The Court of First Instance shall not make an order under section 36 or 37 if it considers that compliance with the order, if made, would be likely to be injurious to the public interest.
(2) Court procedure rules may make provision as to the circumstances in which an order under section 36 or 37 can be made; and any court procedure rules making such provision may include such incidental, supplementary and consequential provisions as the rule-making authority may consider necessary or expedient.
(3) Court procedure rules shall be made for the purpose of ensuring that the costs of and incidental to proceedings for an order under section 36(2) or 37 which are incurred by the person against whom the order is sought shall be awarded to that person unless the Court otherwise directs. Nothing in this subsection affects the generality of subsection (2).