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Police, Public Order and Criminal Justice (Scotland) Act 2006

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57Variation of certain requirements of orderS
This section has no associated Explanatory Notes

(1)The appropriate court may, on the application of a person mentioned in subsection (3), make an order varying a football banning order by—

(a)subject to subsection (2), omitting or imposing a requirement such as is mentioned in section 53(3);

(b)imposing, replacing or omitting a requirement such as is mentioned in section 53(4).

(2)An order may not be varied so as to omit a requirement such as is mentioned in section 53(3) unless it appears to the court that there are exceptional circumstances.

(3)The persons referred to in subsection (1) are—

(a)the person subject to the order;

(b)the chief constable of the [F1Police Service of Scotland];

F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (1), “the appropriate court” means—

(a)where the football banning order was made under section 51, the court which made the order;

(b)where the football banning order was made under section 52, an appropriate sheriff.

(5)In subsection (4), “an appropriate sheriff” means—

(a)a sheriff sitting in the original sheriff court district; or

(b)where such a sheriff remits the application to another sheriff court district, a sheriff sitting in that other district.

(6)In subsection (5), “the original sheriff court district” means the sheriff court district which the sheriff who made the football banning order was sitting in when the order was made.

Textual Amendments

F1Words in s. 57(3)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(13)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

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