Article 4 Application for variation or discharge

This rule applies to the making of an application for the variation or discharge of an order made under section 3 or, subject to rule 3(10), section 9 of the 2006 Act.

An application to which this rule applies shall be made by way of complaint to the magistrates’ court which made the order or to any magistrates’ court acting for the local justice area in which the subject of the order normally resides and shall specify the reason why the applicant for variation or discharge believes the court should vary or discharge the order, as the case may be.

Subject to rule 3(10), where the court considers that there are no grounds upon which it might conclude that the order should be varied or discharged it may determine the application without hearing representations from the applicant for variation or discharge or from any other person.

Where the court considers that there are grounds upon which it might conclude that the order should be varied or discharged then, unless the application is withdrawn, a summons shall be issued to the subject of the order or the relevant authority on whose application the order was made, as appropriate, giving not less than fourteen days’ notice in writing of the date, time and place appointed for the hearing.

The designated officer shall send with the summons under paragraph (4) a copy of the application for variation or discharge of the drinking banning order.