Anti-social Behaviour, Crime and Policing Act 2014
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Change 1
As published
82 Extension of closure orders
(1) At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for an extension (or further extension) of the period for which the order is in force.
(2) Those entitled to make an application under this section are—
(a) where the closure order was made on the application of a constable, a police officer of at least the rank of inspector;
(b) where the closure order was made on the application of a local authority, that authority;
(c) where the closure order was made on the application of an RSH provider, that provider.
(3) A police officer , local authority or RSH provider may make an application under this section only if satisfied on reasonable grounds that it is necessary for the period of the order to be extended to prevent the occurrence, recurrence or continuance of—
(a) disorderly, offensive or criminal behaviour on the premises,
(b) serious nuisance to members of the public resulting from the use of the premises, or
(c) disorder near the premises associated with the use of the premises,
and also satisfied that appropriate consultation about the intention to make the application has been carried out.
(4) An appropriate consultation about the intention to make the application is carried out if the following are consulted—
(a) the local authority and any relevant RSH provider, in the case of an application by a police officer;
(b) the chief officer of police for the area in which the premises are situated and any relevant RSH provider, in the case of an application by a local authority;
(c) the local authority and the chief officer of police for the area in which the premises are situated, in the case of an application by an RSH provider.
An RSH provider is “relevant” if it owns or manages the premises.
(5) Where an application is made under this section, the justice of the peace may issue a summons directed to—
(a) any person on whom the closure notice was served under section 79, or
(b) any other person who appears to the justice to have an interest in the premises but on whom the closure notice was not served,
requiring the person to appear before the magistrates' court to respond to the application.
(6) If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.
(7) If the magistrates' court is satisfied as mentioned in subsection (3)(a), (b) or (c), it may make an order extending (or further extending) the period of the closure order by a period not exceeding 3 months.
(8) The period of a closure order may not be extended so that the order lasts for more than 6 months.
Your change, as a redline
82 Extension of closure orders
(1) At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for an extension (or further extension) of the period for which the order is in force.
(2) Those entitled to make an application under this section are—
(a) where the closure order was made on the application of a constable, a police officer of at least the rank of inspector;
(b) where the closure order was made on the application of a local authority, that authority;
(c) where the closure order was made on the application of an RSH provider, that provider.
(3) A police officer , local authority or RSH provider may make an application under this section only if satisfied on reasonable grounds that it is necessary for the period of the order to be extended to prevent the occurrence, recurrence or continuance of—
(a) disorderly, offensive or criminal behaviour on the premises,
(b) serious nuisance to members of the public resulting from the use of the premises, or
(c) disorder near the premises associated with the use of the premises,
and also satisfied that appropriate consultation about the intention to make the application has been carried out.
(4) An appropriate consultation about the intention to make the application is carried out if the following are consulted—
(a) the local authority and any relevant RSH provider, in the case of an application by a police officer;
(b) the chief officer of police for the area in which the premises are situated and any relevant RSH provider, in the case of an application by a local authority;
(c) the local authority and the chief officer of police for the area in which the premises are situated, in the case of an application by an RSH provider.
An RSH provider is “relevant” if it owns or manages the premises.
(5) Where an application is made under this section, the justice of the peace may issue a summons directed to—
(a) any person on whom the closure notice was served under section 79, or
(b) any other person who appears to the justice to have an interest in the premises but on whom the closure notice was not served,
requiring the person to appear before the magistrates' court to respond to the application.
(6) If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.
(7) If the magistrates' court is satisfied as mentioned in subsection (3)(a), (b) or (c), it may make an order extending (or further extending) the period of the closure order by a period not exceeding 3 months.
(8) The period of a closure order may not be extended so that the order lasts for more than 6 months.
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