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Part 2U.K.Notification and orders

Modifications etc. (not altering text)

C1Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

Notification ordersU.K.

[F1100Interim notification ordersU.K.

[F2(1)This section applies where an application for a notification order (“the main application”) has not been determined.

(2)An application for an order under this section (“an interim notification order”)—

(a)may be made in F3... the main application, or

(b)if the main application has been made, may be made by the person who has made that application, [F4by further application to the sheriff to whom the main application has been made].

(3)The court may, if it considers it just to do so, make an interim notification order.

(4)Such an order—

(a)has effect only for a fixed period, specified in the order;

(b)ceases to have effect, if it has not already done so, on the determination of the main application.

(5)While such an order has effect—

(a)the [F5person in respect of whom the order has effect] is subject to the notification requirements of this Part;

(b)this Part applies to the [F6person], subject to the modification set out in subsection (6).

(6)The “relevant date” means the date of service of the order.

(7)The applicant or the [F7person in respect of whom the order has effect] may by [F8application] apply to the court that made the interim notification order for the order to be varied, renewed or discharged.]]

[F9(7A)A record of evidence must be kept on any application for an order under this section.

(7B)The clerk of the court by which an interim notification order is made, varied, renewed or discharged under this section must cause a copy of, as the case may be—

(a)the order as so made, varied or renewed, or

(b)the interlocutor by which discharge is effected,

to be given to the person named in the order or to be sent to the person in accordance with subsection (7C).

(7C)A copy of the order may be sent to the person named in the order—

(a)by registered post, or

(b)by the recorded delivery service,

and where a copy of the order is so sent to the person, an acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.]

Textual Amendments