Chwilio Deddfwriaeth

Psychoactive Substances Act 2016

Pa Fersiwn

 Help about what version

Nodweddion Uwch

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Psychoactive Substances Act 2016, Section 28. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

28Variation and discharge on applicationE+W+S+N.I.

This section has no associated Nodiadau Esboniadol

(1)The court may vary or discharge a prohibition order or a premises order on the application of—

(a)the person who applied for the order (if any),

(b)the person against whom the order was made, or

(c)any other person who is significantly adversely affected by the order.

(2)Where a prohibition order is made under section 19, the court may also vary or discharge the order on the application of—

(a)in the case of an order made in England and Wales, the chief officer of police for a police area or the chief constable of the British Transport Police Force;

(b)in the case of an order made in Scotland, the Lord Advocate or a procurator fiscal;

(c)in the case of an order made in Northern Ireland, the chief constable of the Police Service of Northern Ireland;

(d)in the case of an order made in England and Wales or Northern Ireland, the Director General of the National Crime Agency;

(e)in the case of an order made in England and Wales or Northern Ireland, the Secretary of State by whom general customs functions are exercisable.

(3)Subsection (4) applies where—

(a)a prohibition order or a premises order imposes an access prohibition (see section 22(6)), and

(b)an application for the variation of the order is made by the person who applied for the order, or by a person mentioned in subsection (2), before the expiry of the period for which the access prohibition has effect.

(4)Where this subsection applies, the court may vary the order by extending (or further extending) the period for which the access prohibition has effect.

(5)The period for which an access prohibition has effect may not be extended so that it has effect for more than 6 months.

(6)In this section “the court” means—

(a)the court that made the order, except where paragraph (b) or (c) applies;

(b)where—

(i)the order was made under section 19 on an appeal in relation to a person's conviction or sentence for an offence, or

(ii)the order was made by a court under that section against a person committed or remitted to that court for sentencing for an offence,

the court by or before which the person was convicted (but see subsection (7));

(c)where the court that made the order was a youth court but the person against whom the order was made is aged 18 or over at the time of the application, a magistrates' court or, in Northern Ireland, a court of summary jurisdiction.

(7)Where the person mentioned in subsection (6)(b)—

(a)was convicted by a youth court, but

(b)is aged 18 or over at the time of the application,

the reference in subsection (6)(b) to the court by or before which the person was convicted is to be read as a reference to a magistrates' court or, in Northern Ireland, a court of summary jurisdiction.

(8)An order that has been varied under this section remains an order of the court that first made it for the purposes of—

(a)section 24;

(b)any further application under this section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 28 in force at 26.5.2016 by S.I. 2016/553, reg. 2

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed):Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

See additional information alongside the content

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

Rhagor o Adnoddau

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

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill