75 Procedural provisions as to exemption orders outside metropolitan area.E+W
(1)Any power of justices of the peace under section 74 of this Act shall be exercisable by justices [F1acting in the local justice area] in which the premises are situated, and by the number of justices, and in the place, required by [F2the M1Magistrates’ Courts Act 1980] for the hearing of a complaint.
(2)Subject to subsection (3) of this section, the justices may, if they see fit, make a special order of exemption without a hearing, if written application for the order is made by lodging two copies of the application with the [F3designated officer for] the justices not less than one month before the day or earliest day for which application is made.
(3)Where such an application is made—
(a)the [F4designated officer] on receipt of the application shall serve notice of it on the chief officer of police by sending him a copy of the application; and
(b)if, not later than seven days after the day he sends it, written notice of objection is given by or on behalf of the chief officer to the [F4designated officer] by lodging two copies with him, the application shall not be granted without a hearing, unless the objection is afterwards withdrawn by a further notice given in the same way; and
(c)the [F4designated officer] , on receipt of any such notice of objection or notice withdrawing an objection, shall send a copy to the applicant.
Textual Amendments
F1Words in s. 75(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 17(a)
F2Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5
F3Words in s. 75(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 17(b)
F4Words in s. 75(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 17(c)
Marginal Citations
M11980 c. 43 (82).