Part 2A

Closure orders

Extension and discharge of closure orders

Discharge of closure order
136J
1
Any of the following persons may make a complaint to an appropriate judicial officer for an order that a closure order be discharged—
a
a constable;
b
the local authority;
c
a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4);
d
any other person who has an interest in the closed premises but on whom the closure notice was not served.
2
If a complaint is made under subsection (1) by a person other than a constable the judicial officer may issue a summons directed to such constable as the judicial officer thinks appropriate requiring the constable to appear before the magistrates' court to answer to the complaint.
3
The court may not make an order discharging a closure order unless it is satisfied that the order is no longer necessary to prevent the premises being used for activities related to any of the specified
prostitution, pornography or child sex offences
in respect of which section 136D(9) applied.
4
If a complaint is made under subsection (1), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on—
a
the persons mentioned in subsection (1)(c) and (d) (other than the complainant),
b
a constable (unless a constable is the complainant), and
c
the local authority (unless it is the complainant).
5
In this section “
appropriate judicial authority
” has the same meaning as in section 136H.
Pt. 2A inserted (E.W.N.I.) (1.4.2010 for E.W. and otherwise prosp.) by Policing and Crime Act 2009 (c. 26), ss. 21(1), 116(1), Sch. 2 para. 1 (with s. 21(2)); S.I. 2010/507, art. 5(t) (subject to art. 6)
Words in s. 136J(3) substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 9 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)