8(1)In England and Wales an application for an order varying, renewing or discharging a foreign travel restriction order may be made by—U.K.
(a)the person subject to the order;
(b)the chief officer of police on whose application the order was made;
(c)the chief officer of police for the area in which the person subject to the order resides; or
(d)a chief officer of police who believes that the person subject to the order is in, or is intending to come to, the officer's police area.
(2)The application must be made by complaint to—
(a)a magistrates' court for the same area as the court that made the order,
(b)a magistrates' court for the area in which the person subject to the order resides, or
(c)where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of that chief officer's police area.
(3)On an application under this paragraph the court may make such order varying, renewing or discharging the foreign travel restriction order as it considers appropriate.
(4)Before doing so it must hear the person making the application and (if they wish to be heard) the other persons mentioned in sub-paragraph (1).
Commencement Information
I1Sch. 5 para. 8 in force at 1.10.2009 by S.I. 2009/1493, art. 2(c)
9(1)In Scotland an application for an order varying, renewing or discharging a foreign travel restriction order may be made by—U.K.
(a)the person subject to the order;
[F1(b)the chief constable of the Police Service of Scotland.]
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The application must be made by summary application—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)to a sheriff—
(i)within whose sheriffdom the person subject to the order resides, or
F4(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A record of evidence is to be kept on any summary application under this paragraph.
(4)On an application under this paragraph the sheriff may make such order varying, renewing or discharging the foreign travel restriction order as the sheriff considers appropriate.
(5)Before doing so the sheriff must hear the person making the application and (if they wish to be heard) the other persons mentioned in sub-paragraph (1).
Textual Amendments
F1Sch. 5 para. 9(1)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(8)(e)(ii)
F2Sch. 5 para. 9(1)(c)(d) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(8)(e)(iii)
F3Sch. 5 para. 9(2)(a) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(8)(f)
F4Sch. 5 para. 9(2)(b)(ii) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(8)(f)
Commencement Information
I2Sch. 5 para. 9 in force at 1.10.2009 by S.I. 2009/1493, art. 2(c)
10(1)In Northern Ireland an application for an order varying, renewing or discharging a foreign travel restriction order may be made by—U.K.
(a)the person subject to the order; or
(b)the Chief Constable of the Police Service of Northern Ireland.
(2)The application must be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction F5....
(3)On an application under this paragraph the court may make such order varying, renewing or discharging the foreign travel restriction order as it considers appropriate.
(4)It may do so only after hearing the person making the application and (if they wish to be heard) the other person mentioned in sub-paragraph (1).
Textual Amendments
F5Words in Sch. 5 para. 10(2) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 135, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
Commencement Information
I3Sch. 5 para. 10 in force at 1.10.2009 by S.I. 2009/1493, art. 2(c)