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Psychoactive Substances Act 2016

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This is the original version (as it was originally enacted).

28Variation and discharge on application

This section has no associated Explanatory Notes

(1)The court may vary or discharge a prohibition order or a premises order on the application of—

(a)the person who applied for the order (if any),

(b)the person against whom the order was made, or

(c)any other person who is significantly adversely affected by the order.

(2)Where a prohibition order is made under section 19, the court may also vary or discharge the order on the application of—

(a)in the case of an order made in England and Wales, the chief officer of police for a police area or the chief constable of the British Transport Police Force;

(b)in the case of an order made in Scotland, the Lord Advocate or a procurator fiscal;

(c)in the case of an order made in Northern Ireland, the chief constable of the Police Service of Northern Ireland;

(d)in the case of an order made in England and Wales or Northern Ireland, the Director General of the National Crime Agency;

(e)in the case of an order made in England and Wales or Northern Ireland, the Secretary of State by whom general customs functions are exercisable.

(3)Subsection (4) applies where—

(a)a prohibition order or a premises order imposes an access prohibition (see section 22(6)), and

(b)an application for the variation of the order is made by the person who applied for the order, or by a person mentioned in subsection (2), before the expiry of the period for which the access prohibition has effect.

(4)Where this subsection applies, the court may vary the order by extending (or further extending) the period for which the access prohibition has effect.

(5)The period for which an access prohibition has effect may not be extended so that it has effect for more than 6 months.

(6)In this section “the court” means—

(a)the court that made the order, except where paragraph (b) or (c) applies;

(b)where—

(i)the order was made under section 19 on an appeal in relation to a person’s conviction or sentence for an offence, or

(ii)the order was made by a court under that section against a person committed or remitted to that court for sentencing for an offence,

the court by or before which the person was convicted (but see subsection (7));

(c)where the court that made the order was a youth court but the person against whom the order was made is aged 18 or over at the time of the application, a magistrates’ court or, in Northern Ireland, a court of summary jurisdiction.

(7)Where the person mentioned in subsection (6)(b)—

(a)was convicted by a youth court, but

(b)is aged 18 or over at the time of the application,

the reference in subsection (6)(b) to the court by or before which the person was convicted is to be read as a reference to a magistrates’ court or, in Northern Ireland, a court of summary jurisdiction.

(8)An order that has been varied under this section remains an order of the court that first made it for the purposes of—

(a)section 24;

(b)any further application under this section.

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