Sexual Offences Act 2003

[F1 136C Contents and service of closure notice E+W+N.I.

(1) A closure notice must—

(a) state that no-one other than a person who regularly resides on, or owns, the premises may enter or remain on them,

(b) state that failure to comply with the notice amounts to an offence,

(c) specify the offence or offences in respect of which the authorising officer considers that the first and second conditions in section 136B [F2 or 136BA] are met,

(d) state that an application will be made under section 136D for the closure of the premises,

(e) specify the date and time when, and the place at which, that application will be heard, and

(f) explain the effects of an order under section 136D.

(2) A closure notice must be served by a constable.

(3) Service is effected by—

(a) fixing a copy of the notice to at least one prominent place on the premises,

(b) fixing a copy of the notice to each normal means of access to the premises,

(c) fixing a copy of the notice to any outbuildings which appear to the constable to be used with or as part of the premises, and

(d) giving a copy of the notice to the persons identified in pursuance of section 136B(7)(b) [F3 or 136BA(6)(b)] and to any other person appearing to the constable to be a person of a description mentioned in that provision.

(4) A constable must also serve a copy of the notice on any person who occupies any other part of a building or other structure in which the premises are situated if, at the time of acting under subsection (3), the constable reasonably believes that the person's access to the other part of the building or structure will be impeded if a closure order is made.

(5) Subsection (3)(d) or (4) does not require a constable to serve a copy of the notice on a person if it is not reasonably practicable to do so.

(6) A constable acting under subsection (3) may enter any premises, using reasonable force if necessary, for the purpose of complying with subsection (3)(a) to (c).

(7) A closure notice has effect until an application for a closure order is determined under section 136D.

(8) But, if the hearing of an application for a closure order is adjourned, the closure notice ceases to have effect unless the court makes an order under section 136E(2).]

Textual Amendments

F1 Pt. 2A inserted (E.W.N.I.) (1.4.2010 for E.W. and otherwise prosp.) by Policing and Crime Act 2009 (c. 26), ss. 21(1), 116(1), Sch. 2 para. 1 (with s. 21(2)); S.I. 2010/507, art. 5(t) (subject to art. 6)

F2 Words in s. 136C(1)(c) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 5(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)

F3 Words in s. 136C(3)(d) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 5(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)