# Act of Adjournal (Criminal Procedure Rules) 1996, Paragraph 69.2: Variation and discharge of a labour market enforcement order


(1) An application under section 23 of the 2016 Act for variation or discharge of a labour market enforcement order made under section 20 of that Act is to be made in Form 69.2.
(2) When an application under section 23 of the 2016 Act is lodged, the court must—
(a) appoint a hearing on the application; and
(b) order intimation of the application—
(i) where the application is made by the respondent to the original order made under section 20 of the 2016 Act, on the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence; or
(ii) where the application is made by the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence, on the respondent to the original order made under section 20 of the 2016 Act.
(3) Where an application referred to in paragraph (1) is made in respect of a labour market enforcement order which was made by the High Court of Justiciary and which has not subsequently been varied in the sheriff court—
(a) the sheriff clerk with whom the application is lodged is to notify the Clerk of Justiciary; and
(b) the Clerk of Justiciary is,
(i) not later than 4 days after receipt of such notification, to send a certified copy of the indictment and of the labour market enforcement order to the sheriff clerk of the court in which the application is made; and
(ii) not later than 21 days after receipt of such notification, to obtain a report from the judge who made the labour market enforcement order in respect of which variation or discharge is sought and send that report to the sheriff clerk of the court in which the application is made.
(4) Where the judge’s report as mentioned in paragraph (3)(b)(ii) above is not furnished within the period specified in that provision, the sheriff may hear and determine the application without the report.

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Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/paragraph/69.2 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-69.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.