# The Magistrates' Courts Rules 1981, Rule 21: Application to vary or discharge order

Extent: E+W

(1) This rule applies on an application under section 44 of the Domestic Abuse Act 2021 (variation and discharge of orders) to vary or discharge a domestic abuse protection order.
(2) A person who applies under this rule must—
(a) apply as soon as practicable after becoming aware of the grounds for doing so, explaining—
(i) why the order should be varied or discharged, and
(ii) what, if any, material circumstances have changed since the court made the order or last determined an application to vary or discharge it;
(b) where the application is a second or subsequent application by the applicant in respect of the same order—
(i) give details of each previous application, and
(ii) if the applicant wants the court to decide the application at a hearing, explain why; and
(c) serve the application on—
(i) the designated officer, and
(ii) at least one relevant chief officer of police within the meaning of section 44 of the Domestic Abuse Act 2021, unless the person applying under this rule is such a chief officer.
(3) Unless the court otherwise directs—
(a) a relevant chief officer of police who applies under this rule must in addition to serving the application under paragraph (2)(c)(i) serve it on—
(i) the person against whom the domestic abuse protection order was made,
(ii) the person for whose protection the domestic abuse protection order was made, and
(iii) if the person for whose protection the domestic abuse protection order was made is under 18, a parent or guardian of that person who is not the person against whom that order was made; and
(b) a relevant chief officer of police on whom an application under this rule is served must serve the application on each person listed in paragraph (3)(a) who is not the applicant.
(4) An application under this rule must be served as if it were a summons.
(5) The designated officer must give notice of any hearing to—
(a) the applicant; and
(b) each relevant chief officer of police on whom the application is served.
(6) Unless the court otherwise directs, a relevant chief officer of police must serve notice of any hearing on each person on whom that officer serves the application.

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Source: https://www.legislation.gov.uk/uksi/1981/552/rule/21 (the official version)
Page: https://openlegislation.uk/magistrates-courts-rules-1981/rule-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.