Section 78 Cancellation or variation of closure noticesI1

(1)

This section applies where a closure notice is in force and the relevant F1person is no longer satisfied as mentioned in section 76(1), either—

(a)

as regards the premises as a whole, or

(b)

as regards a particular part of the premises.

(2)

In a case within subsection (1)(a) the relevant F2person must issue a cancellation notice.

A cancellation notice is a notice cancelling the closure notice.

(3)

In a case within subsection (1)(b) the relevant F3person must issue a variation notice.

A variation notice is a notice varying the closure notice so that it does not apply to the part of the premises referred to in subsection (1)(b).

(4)

A cancellation notice or a variation notice that relates to a closure notice which was—

(a)

issued by a local authority, and

(b)

signed as mentioned in section 77(2)(b),

must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed as mentioned in section 77(2)(b)).

F4(4A)

A cancellation notice or a variation notice that relates to a closure notice which was—

(a)

issued by an RSH provider, and

(b)

signed as mentioned in section 77(2)(c),

must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed the closure notice).

(5)

A cancellation notice or a variation notice that relates to a closure notice which was—

(a)

issued by a local authority F5or RSH provider, and

(b)

extended under section 77(4)(b) F6or (c) (as the case may be),

must be signed by the person who signed the extension notice (or, if that person is not available, by another person who could have signed the extension notice).

(6)

In this section “the relevant F7person” means—

(a)

in the case of a closure notice issued by a police officer and not extended under section 77(4)(a), that officer (or, if that officer is not available, another officer of the same or higher rank);

(b)

in the case of a closure notice issued by a police officer and extended under section 77(4)(a), the officer who issued the extension notice (or, if that officer is not available, another officer of the same or higher rank);

(c)

in the case of a closure notice issued by a local authority, that authority;

F8(d)

in the case of a closure notice issued by an RSH provider, that provider.

Annotations

Textual amendments

F1: Word in s. 78(1) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 2 para. 4(a); S.I. 2026/960, reg. 4(h)
F2: Word in s. 78(2) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 2 para. 4(a); S.I. 2026/960, reg. 4(h)
F3: Word in s. 78(3) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 2 para. 4(a); S.I. 2026/960, reg. 4(h)
F4: S. 78(4A) inserted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 2 para. 4(b); S.I. 2026/960, reg. 4(h)
F5: Words in s. 78(5) inserted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 2 para. 4(c)(i); S.I. 2026/960, reg. 4(h)
F6: Words in s. 78(5) inserted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 2 para. 4(c)(ii); S.I. 2026/960, reg. 4(h)
F7: Word in s. 78(6) substituted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 2 para. 4(a); S.I. 2026/960, reg. 4(h)
F8: S. 78(6)(d) inserted (26.10.2026) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 2 para. 4(d); S.I. 2026/960, reg. 4(h)

Commencement

I1: S. 78 in force at 20.10.2014 by S.I. 2014/2590, art. 3(c)