OpenLegislation

Paragraph 32 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Section 42 of that Act (application, discharge and variation of restraint orders) is amended as follows.

(2)

In subsection (4), for “(7)” substitute “ (8) ”.

(3)

For subsection (7) substitute—

“(7)

If the condition in section 40 which was satisfied was that an investigation was started—

(a)

the court must discharge the order if within a reasonable time proceedings for the offence are not started;

(b)

otherwise, the court must discharge the order on the conclusion of the proceedings.

(8)

If the condition in section 40 which was satisfied was that an application was to be made—

(a)

the court must discharge the order if within a reasonable time the application is not made;

(b)

otherwise, the court must discharge the order on the conclusion of the application.”

Annotations

Commencement

I1

Sch. 4 para. 32 in force at 1.6.2015 by S.I. 2015/820, reg. 3(q)(iii)