Section 128 Variation and discharge of LME ordersI1 I2

United Kingdom

(1)

On an application under this section, the appropriate court may by order vary or discharge an LME order.

(2)

An application for the variation or discharge of an LME order may be made by—

(a)

the respondent, or

(b)

the Secretary of State.

(3)

An application for an order under this section is—

(a)

in England and Wales, to be made by complaint;

(b)

in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(4)

In this section “the appropriate court”—

(a)

in the case of an LME order made in England and Wales (whether made under section 123 or 125), means a magistrates’ court;

(b)

in the case of an LME order made in Scotland, means the sheriff or a summary sheriff;

(c)

in the case of an LME order made in Northern Ireland, means a court of summary jurisdiction.

Annotations