The Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002

Application for variation or discharge

6.—(1) This rule applies to the making of an application for the variation or discharge of an order made under section 1, 1C or, subject to rule 5(8) above, 1D.

(2) An application to which this rule applies shall be made in writing to the magistrates' court which made the order, or in the case of an application under section 1C to any magistrates' court in the same petty sessions area, and shall specify the reason why the applicant for variation or discharge believes the court should vary or discharge the order, as the case may be.

(3) Subject to rule 5(8) above, where the court considers that there are no grounds upon which it might conclude that the order should be varied or discharged, as the case may be, it may determine the application without hearing representations from the applicant for variation or discharge or from any other person.

(4) Where the court considers that there are grounds upon which it might conclude that the order should be varied or discharged, as the case may be, the justices' chief executive shall, unless the application is withdrawn, issue a summons giving not less than 14 days' notice in writing of the date, time and place appointed for the hearing.

(5) The justices' chief executive shall send with the summons under paragraph 4 above a copy of the application for variation or discharge of the anti-social behaviour order.