Part V Miscellaneous, General and Supplemental Provisions
F1Powers of EntryF1Enforcement
109GF2Variation or discharge of restriction orders
1
At any time before the expiry of a restriction order, an application may be made to a justice of the peace, by complaint, for the order to be varied or discharged.
2
Those entitled to make an application under this section are—
a
the appropriate agency that applied for the restriction order;
b
the occupier of the premises subject to the order;
c
the owner of the premises subject to the order.
3
Where the appropriate agency makes an application under this section, the justice of the peace may issue a summons directed to one or both of the occupier and the owner of the premises, requiring the person to appear before the magistrates’ court to respond to the application.
4
Where the occupier or the owner of the premises makes an application under this section, the justice of the peace must—
a
issue a summons directed to the appropriate agency that applied for the restriction order requiring it to appear before the magistrates’ court to respond to the application, or
b
dismiss the application.
5
If a summons is issued under subsection (3) or (4), a notice stating the date, time and place of the hearing of the application must be served on—
a
the appropriate agency that applied for the restriction order (other than where the agency is the complainant);
b
the occupier or the owner of the premises (other than the complainant).
6
The magistrates’ court may make an order varying or discharging the restriction order if it is no longer satisfied that the conditions in section 109D(5) or (6) are met in respect of all or part of the premises (or the part of the premises) to which the restriction order applies.
S. 108 cross-heading substituted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 2