Regulation 12

In Part 31 (behaviour orders)—

(a)

in rule 31.1 (when this Part applies)—

(i)

for paragraph (1) substitute—

“(1)
This Part applies where a magistrates’ court or the Crown Court can make, vary or revoke a civil order—

(a)
as well as, or instead of, passing a sentence, or in any other circumstances in which other legislation allows the court to make such an order; and

(b)
that requires someone to do, or not do, something.”, and

(ii)

omit the second paragraph of the note to the rule (which concerns the Criminal Justice (European Protection Order) Regulations 2014^f1);

(b)

in rule 31.2 (behaviour orders: general rules)

(i)

for paragraph (2) substitute—

“(2)
That restriction does not apply to making an interim behaviour order, but unless other legislation otherwise provides such an order has no effect unless the person to whom it is directed—

(a)
is present when it is made; or

(b)
is handed a document recording the order not more than 7 days after it is made.”,

(ii)

omit paragraph (4), and

(iii)

for the second paragraph of the note to the rule substitute—

“See section 14A(3) of the Football Spectators Act 1989^f2 and section 9(1) of the Crime and Disorder Act 1998^f3.”;

(c)

omit rules 31.9 and 31.10 (which concern the Criminal Justice (European Protection Order) Regulations 2014);

(d)

renumber rule 31.11 (court’s power to vary requirements under this Part) as rule 31.9; and

(e)

amend the table of contents correspondingly.

Annotations

Footnotes

f1: S.I. 2014/3300.
f2: 1989 c. 37; section 14A was substituted, together with sections 14 and 14B–14J, for the existing sections 14–17, by section 1 of, and paragraphs 1 and 2 of Schedule 1 to, the Football (Disorder) Act 2000 (c. 25).
f3: 1998 c. 37; section 9 was amended by section 85 of the Anti-social Behaviour Act 2003 (c. 38), paragraph 2 of Schedule 34 to the Criminal Justice Act 2003 (c. 44), section 64 of, and paragraph 4 of Schedule 5 to, the Children Act 2004 (c. 31), article 3 of, and paragraph 13 of Schedule 1 to, S.I. 2008/912 and section 181 of, and paragraph 26 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). It is further amended by sections 40 and 41 of the Crime and Security Act 2010 (c. 17), with effect from a date to be appointed.