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Commencement Orders bringing legislation that affects this Act into force:
(1)This section applies where proceedings have been brought in a county court.
(2)If a relevant authority—
(a)is a party to the proceedings, and
(b)considers that another party to the proceedings is an individual in relation to whom it would be reasonable for it to make an application under section 3,
it may make an application in the proceedings for a drinking banning order against the individual.
(3)If a relevant authority—
(a)is not a party to the proceedings, and
(b)considers that a party to the proceedings is an individual in relation to whom it would be reasonable for it to make an application under section 3,
it may make an application to be joined to those proceedings for the purposes of this section and (if it is joined) may apply for a drinking banning order against the individual.
(4)Subsection (5) applies if a relevant authority is a party to the proceedings and considers that—
(a)an individual who is not a party to the proceedings has engaged in criminal or disorderly conduct while under the influence of alcohol; and
(b)that conduct is material in relation to the proceedings.
(5)The relevant authority—
(a)may make an application for the individual to be joined for the purposes of this section; and
(b)if that individual is joined, may apply for a drinking banning order against him.
(6)A relevant authority must consult the appropriate persons—
(a)before making an application for a drinking banning order under subsection (2);
(b)before making an application to be joined to proceedings under subsection (3);
(c)before making an application to join an individual to proceedings under subsection (5).
(7)If, on an application under this section for a drinking banning order against an individual—
(a)it is proved that the conditions in section 3(2) are satisfied in relation to the individual, and
(b)his criminal or disorderly conduct while under the influence of alcohol is material in relation to the proceedings,
the court may make a drinking banning order against him.
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.
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