Page:Public Order Act 1986.pdf/24

22c. 64

(3) Where an application under this section is refused, a further application in respect of the exclusion order shall not be entertained if made within the period of six months beginning with the day of the refusal.

(4) The court may order the applicant to pay all or any part of the costs of an application under this section.

(5) In the case of an exclusion order made by a magistrates’ court, the reference in subsection (1) to the court by which it was made includes a reference to any magistrates' court acting for the same petty sessions area as that court.

(6) Section 63(2) of the Magistrates’ Courts Act 1980 (power to suspend or rescind orders) does not apply to an exclusion order.

34.—(1) Where a court makes an exclusion order, the clerk of the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—
 * (a) shall give a copy of it to the person to whom it relates,
 * (b) shall (as soon as reasonably practicable) send a copy of it to the chief officer of police for the police area in which the offence leading to the order was committed, and
 * (c) shall (as soon as reasonably practicable) send a copy of it to any prescribed person.

(2) Where a court terminates an exclusion order under section 28, the clerk of the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—
 * (a) shall give a copy of the terminating order to the person to whom the exclusion order relates,
 * (b) shall (as soon as reasonably practicable) send a copy of the terminating order to the chief officer of police for the police area in which the offence leading to the exclusion order was committed, and
 * (c) shall (as soon as reasonably practicable) send a copy of the terminating order to any prescribed person.

(3) References in this section to the clerk of a magistrates’ court shall be construed in accordance with section 141 of the Magistrates’ Courts Act 1980, reading references to that Act as references to this section.

(4) In this section “prescribed” means prescribed by order made by the Secretary of State.

(5) The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.