[F1 Part 1A E+WPremises associated with persistent disorder or nuisance

Textual Amendments

F1 Pt. 1A inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 118, 153(7), Sch. 20; S.I. 2008/2993, art. 2(1)(b)(g)

11J Part 1A closure notices and orders: compensation E+W

(1) This section applies to any person who incurs financial loss in consequence of—

(a) the issue of a Part 1A closure notice, or

(b) a Part 1A closure order having effect.

(2) A person to whom this section applies may apply to—

(a) the magistrates' court which considered the application for a Part 1A closure order;

(b) the Crown Court if the Part 1A closure order was made or extended by an order made by that Court on an appeal under section 11F.

(3) An application under this section must not be entertained unless it is made not later than the end of the period of 3 months starting with whichever is the later of—

(a) the day the court decides not to make a Part 1A closure order;

(b) the day the Crown Court dismisses an appeal against a decision not to make a Part 1A closure order;

(c) the day the Part 1A closure order ceases to have effect.

(4) On an application under this section the court may order the payment of compensation out of central funds if it is satisfied—

(a) that the person is not associated with such use of the premises as is mentioned in section 11A(1)(b),

(b) if the person is the owner or occupier of the premises, that the person took reasonable steps to prevent such use of the premises,

(c) that the person has incurred financial loss as mentioned in subsection (1), and

(d) having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.

(5) In this section “central funds” has the same meaning as in enactments providing for the payment of costs.]