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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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Commencement Orders bringing legislation that affects this Act into force:
(1)This section applies in each of the following cases—
(a)where an application is made for a drinking banning order;
(b)where the court is required under section 6 to consider whether the conditions for making a drinking banning order are satisfied.
(a)determining the application, or
(b)considering whether the conditions are satisfied,
the court may make an order under this section (“an interim order”) if it considers that it is just to do so.
(3)Where this section applies by virtue of subsection (1)(a), an application for an interim order against an individual—
(a)may be made without notice being given to that individual; and
(b)may be heard in the absence of that individual.
(4)The following permission is required for the making or hearing of an application in accordance with subsection (3)—
(a)in the case of proceedings in the county court, the permission of the court; and
(b)in the case of an application to a magistrates' court, the permission of the proper officer.
(5)Permission may only be given under subsection (4) if the court or proper officer is satisfied—
(a)that it is necessary for the application to be made without notice being given to the individual in question; and
(b)that it is not necessary for the application to be heard in the presence of the individual.
(6)An interim order—
(a)may contain any provision that may be contained in a drinking banning order; but
(b)has effect, unless renewed, only for such fixed period of not more than four weeks as may be specified in the order.
(7)An interim order—
(a)may be renewed (on one or more occasions) for a period of not more than four weeks from the end of the period when it would otherwise cease to have effect;
(b)must cease to have effect (if it has not previously done so) on the determination of the application mentioned in subsection (1)(a) or on the court's making its decision whether to make a drinking banning order under section 6.
(8)Section 5 applies in relation to an interim order made in a case falling within subsection (1)(a) as it applies in relation to a drinking banning order made under section 3 or 4, but with the omission of section 5(5) and (6).
(9)Section 8 applies in relation to an interim order made in a case falling within subsection (1)(b) as it applies in relation to a drinking banning order made under section 6, but with the omission of section 8(5) and (6).
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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