Anti-social Behaviour, Crime and Policing Act 2014
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Change 1
As published
83 Discharge 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 the order to be discharged.
(2) Those entitled to make an application under this section are—
(a) a constable, where the closure order was made on the application of a constable;
(b) the authority that applied for the closure order, where the order was made on the application of a local authority;
(ba) the provider that applied for the closure order, where the order was made on the application of an RSH provider;
(c) a person on whom the closure notice was served under section 79;
(d) anyone else who has an interest in the premises but on whom the closure notice was not served.
(3) Where a person other than a constable makes an application under this section for the discharge of an order that was made on the application of a constable, the justice may issue a summons directed to a constable considered appropriate by the justice requiring him or her to appear before the magistrates' court to respond to the application.
(4) If a summons is issued under subsection (3), a notice stating the date, time and place of the hearing of the application must be served on—
(a) the constable to whom the summons is directed;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(5) Where—
(a) the order in question was made on the application of a local authority, and
(b) a person other than that authority makes an application under this section for the discharge of the order,
the justice may issue a summons directed to that authority requiring it 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—
(a) the authority mentioned in that subsection;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(6A) Where—
(a) the order in question was made on the application of an RSH provider, and
(b) a person other than that provider makes an application under this section for the discharge of the order,
the justice may issue a summons directed to that provider requiring it to appear before the magistrates’ court to respond to the application.
(6B) If a summons is issued under subsection (6A), a notice stating the date, time and place of the hearing of the application must be served on—
(a) the provider mentioned in that subsection;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(7) The magistrates' court may not make an order discharging the closure order unless satisfied that the closure order is no longer necessary 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.
Your change, as a redline
83 Discharge 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 the order to be discharged.
(2) Those entitled to make an application under this section are—
(a) a constable, where the closure order was made on the application of a constable;
(b) the authority that applied for the closure order, where the order was made on the application of a local authority;
(ba) the provider that applied for the closure order, where the order was made on the application of an RSH provider;
(c) a person on whom the closure notice was served under section 79;
(d) anyone else who has an interest in the premises but on whom the closure notice was not served.
(3) Where a person other than a constable makes an application under this section for the discharge of an order that was made on the application of a constable, the justice may issue a summons directed to a constable considered appropriate by the justice requiring him or her to appear before the magistrates' court to respond to the application.
(4) If a summons is issued under subsection (3), a notice stating the date, time and place of the hearing of the application must be served on—
(a) the constable to whom the summons is directed;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(5) Where—
(a) the order in question was made on the application of a local authority, and
(b) a person other than that authority makes an application under this section for the discharge of the order,
the justice may issue a summons directed to that authority requiring it 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—
(a) the authority mentioned in that subsection;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(6A) Where—
(a) the order in question was made on the application of an RSH provider, and
(b) a person other than that provider makes an application under this section for the discharge of the order,
the justice may issue a summons directed to that provider requiring it to appear before the magistrates’ court to respond to the application.
(6B) If a summons is issued under subsection (6A), a notice stating the date, time and place of the hearing of the application must be served on—
(a) the provider mentioned in that subsection;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(7) The magistrates' court may not make an order discharging the closure order unless satisfied that the closure order is no longer necessary 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.
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