Part 1Alcohol-related violence and disorder

Chapter 1Drinking banning orders

Supplemental provisions about drinking banning orders

I1I214Interpretation of Chapter 1

1

In this Chapter—

  • “appropriate persons”, in relation to an application for a drinking banning order or an application referred to in section 4(6)(b) or (c), means such of the following as is not a party to the application—

    1. a

      the chief officer of police of the police force for the police area where the conduct to which the application relates occurred;

    2. b

      the chief officer of police of the police force for the police area in which the individual to whose conduct the application relates normally resides;

    3. c

      every local authority in whose area the place where that individual normally resides is situated; and

    4. d

      the Chief Constable of the British Transport Police Force;

  • “approved course” means a course approved by the Secretary of State for the purposes of section 2;

  • “drinking banning order” means an order under section 3, 4 or 6;

  • “interim order” means an order under section 9;

  • “local authority” means—

    1. a

      a county council in England;

    2. b

      a district council in England;

    3. c

      a London borough council;

    4. d

      the Common Council of the City of London;

    5. e

      the Council of the Isles of Scilly;

    6. f

      a county council or a county borough council in Wales;

  • “proper officer”—

    1. a

      in relation to a magistrates' court, means the justices' clerk; and

    2. b

      in relation to any other court, means the clerk of the court;

  • “relevant authority” means—

    1. a

      the chief officer of police of a police force for a police area;

    2. b

      the Chief Constable of the British Transport Police Force;

    3. c

      a local authority;

  • “relevant local court”, in relation to a drinking banning order, means a magistrates' court acting for the local justice area in which the subject normally resides;

  • “specified period”, in relation to a drinking banning order, means the period specified in the order for the purposes of section 2(1) as the period for which the order is to have effect;

  • “subject”, in relation to an order, means the individual against whom it is made;

  • “young person” has the same meaning as in the Children and Young Persons Act 1933 (c. 12) (see section 107(1) of that Act).

2

References in this Chapter to protecting persons from criminal or disorderly conduct include references to protecting their property from unlawful loss or damage.

3

The Secretary of State may by order provide that a person of a description specified in the order is to be regarded as a relevant authority for such purposes of the provisions of this Chapter as are specified in the order.

4

A power of the Secretary of State to make an order or regulations under this Chapter shall be exercisable by statutory instrument.

5

Every such power includes power—

a

to make different provision for different cases;

b

to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

c

to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

6

No regulations shall be made under section 2 unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

7

A statutory instrument containing—

a

regulations under section 12 or 13, or

b

an order under section 11 or this section,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

8

The power under subsection (5) to make incidental, supplemental and consequential provision includes power to modify so much of this section as defines “appropriate persons”.