sec.38Duration

sec.38 Duration

A restricted premises order takes effect— when the order is made, if an owner or occupier of the premises, or a legal or other representative of an owner or occupier of the premises is present at the hearing of the application; or if paragraph (a) does not apply—when a police officer serves the order on an owner or occupier of the premises. Service under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice. The order served on the owner or occupier must state that— the owner or occupier may appeal to the District Court against the order; and the notice of appeal must be filed within 28 days after— the day on which the order was made; or for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier. A restricted premises order remains in force until the earlier of the following— the order is revoked; the day stated in the order, which must be at least 6 months, and not more than 2 years, after the order is made. s 38 ins 2016 No. 62 s 267 (sec.38-ssec.1) A restricted premises order takes effect— when the order is made, if an owner or occupier of the premises, or a legal or other representative of an owner or occupier of the premises is present at the hearing of the application; or if paragraph (a) does not apply—when a police officer serves the order on an owner or occupier of the premises. (sec.38-ssec.2) Service under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice. (sec.38-ssec.3) The order served on the owner or occupier must state that— the owner or occupier may appeal to the District Court against the order; and the notice of appeal must be filed within 28 days after— the day on which the order was made; or for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier. (sec.38-ssec.4) A restricted premises order remains in force until the earlier of the following— the order is revoked; the day stated in the order, which must be at least 6 months, and not more than 2 years, after the order is made.

• (a) when the order is made, if an owner or occupier of the premises, or a legal or other representative of an owner or occupier of the premises is present at the hearing of the application; or
• (b) if paragraph (a) does not apply—when a police officer serves the order on an owner or occupier of the premises.
• (a) the owner or occupier may appeal to the District Court against the order; and
• (b) the notice of appeal must be filed within 28 days after— (i) the day on which the order was made; or (ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.