Paragraph 43 I1

Section 121 of that Act (application, recall and variation) is amended as follows.

In subsection (5), for “(9)” substitute “ (10) ”.

For subsection (9) substitute—

“(9)

In the case of a restraint order, if the condition in section 119 which was satisfied was that an investigation was instituted—

(a)

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

(b)

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

(10)

In the case of a restraint order, if the condition in section 119 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 recall the order on the conclusion of the application.”