4Rescission of declaration

#### 4 Rescission of declaration 4 Rescission of declaration > > (1) Any such declaration may be rescinded by the appropriate Court subject to such terms as the Court thinks fit, on application being made to it— > > > > > (a) by the owner or occupier of the premises the subject of the declaration, if the Court is satisfied the conditions referred to in section 3 (1) in respect of which the declaration was made— > > > > > > > (i) have ceased for a continuous period of at least 12 months before the application is made, and > > > > > > > (ii) are unlikely to reoccur at the premises, or > > > > > (b) by a senior police officer on proof that there is no reasonable ground for suspecting that any of the conditions referred to in subsection (1) of section 3 obtain in relation to such premises. > > > (1A) For the purposes of subsection (1) (a), the burden of establishing that the conditions have ceased and are unlikely to reoccur lies on the owner or occupier of the premises. > > > (2) Where an application under this section is made by the owner or occupier of the premises notice in writing of intention to make the same shall be served on a senior police officer two days at least before the hearing of such application. > > > (3) An owner or occupier may not make more than one application for the rescission of a declaration in respect of the same premises within any 12 month period. > > **s 4:** Am 1986 No 218, Sch 9 (2); 2002 No 131, Sch 1 \[8\] \[9\]; 2018 No 50, Sch 2 \[1\]–\[3\].