Paragraph 6

United Kingdom

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

Sch. 4 para. 11(1)(aa) inserted by Criminal Justice Act 2003 Sch. 36 para. 14(2)
Sch. 4 para. 11(2A) inserted by Criminal Justice Act 2003 Sch. 36 para. 14(3)
Sch. 4 para. 21(3) words repealed by Bankruptcy and Diligence etc. (Scotland) Act 2007 Sch. 6 Pt. 1
Sch. 4 para. 21(5)(b) words repealed by Bankruptcy and Diligence etc. (Scotland) Act 2007 Sch. 6 Pt. 1
Sch. 4 para. 21(2)(b) words repealed by Bankruptcy and Diligence etc. (Scotland) Act 2007 Sch. 6 Pt. 1

(1)

A restraint order shall provide for notice of it to be given to any person affected by the order.

(2)

A restraint order may be discharged or varied by the High Court on the application of a person affected by it.

F1(3)

A restraint order made under paragraph 5(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

(4)

A restraint order made under paragraph 5(2) shall in particular be discharged on an application under sub-paragraph (2)—

(a)

if no proceedings in respect of F2relevant offences are instituted within such time as the High Court considers reasonable, and

(b)

if all proceedings in respect of relevant offences have been concluded.

Annotations

Textual amendments

F1: Sch. 4 para. 6(3)(4) substituted for Sch. 4 para. 6(3) (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 2 para. 2(5); S.I. 2001/4019, art. 2(1)(c)
F2: Words in Sch. 4 para. 6(4)(a)(b) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)