Section 49 Variation and discharge of orders.

England and Wales

(1)

An occupation order or non-molestation order may be varied or discharged by the court on an application by—

(a)

the respondent, or

(b)

the person on whose application the order was made.

(2)

In the case of a non-molestation order made by virtue of section 42(2)(b), the order may be varied or discharged by the court even though no such application has been made.

(3)

If F1B’s home rights are, under section 31, are a charge on the estate or interest of F2A or of trustees for A, an order under section 33 against A may also be varied or discharged by the court on an application by any person deriving title under A or under the trustees and affected by the charge.

(4)

If, by virtue of section 47(3), a power of arrest has been attached to certain provisions of an occupation order F3. . . , the court may vary or discharge the order under subsection (1) in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).

Annotations

Textual amendments

F1: Words in s. 49(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 11(a); S.I. 2005/3175, art. 2(1), Sch. 1
F2: Words in s. 49(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 11(b); S.I. 2005/3175, art. 2(1), Sch. 1
F3: Words in s. 49(4) repealed (1.7.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1)(2), 60, Sch. 10 para. 39, Sch. 11 (with Sch. 12 para. 1(11)); S.I. 2007/1845, art. 2(c)(d) (with art. 3)

Notes on Part IV

Modifications

C1: Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1