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Police Reform Act 2002

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This is the original version (as it was originally enacted).

63Orders in county court proceedings
This section has no associated Explanatory Notes

After section 1A of the Crime and Disorder Act 1998 (which is inserted by section 62), there shall be inserted—

1BOrders in county court proceedings

(1)This section applies to any proceedings in a county court (“the principal proceedings”).

(2)If a relevant authority—

(a)is a party to the principal proceedings, and

(b)considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,

it may make an application in those proceedings for an order under subsection (4).

(3)If a relevant authority—

(a)is not a party to the principal proceedings, and

(b)considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,

it may make an application to be joined to those proceedings to enable it to apply for an order under subsection (4) and, if it is so joined, may apply for such an order.

(4)If, on an application for an order under this subsection, it is proved that the conditions mentioned in section 1(1) are fulfilled as respects that other party, the court may make an order which prohibits him from doing anything described in the order.

(5)Subject to subsection (6), the party to the principal proceedings against whom an order under this section has been made and the relevant authority on whose application that order was made may apply to the county court which made an order under this section for it to be varied or discharged by a further order.

(6)Except with the consent of the relevant authority and the person subject to the order, no order under this section shall be discharged before the end of the period of two years beginning with the date of service of the order.

(7)Subsections (5) to (7) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders made under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

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