Serious Crime Act 2007

10 Notice requirements in relation to orders E+W+N.I.

(1) The subject of a serious crime prevention order is bound by it or a variation of it only if—

(a) he is represented (whether in person or otherwise) at the proceedings at which the order or (as the case may be) variation is made; or

(b) a notice setting out the terms of the order or (as the case may be) variation has been served on him.

(2) The notice may be served on him by—

(a) delivering it to him in person; or

(b) sending it by recorded delivery to him at his last-known address (whether residential or otherwise).

(3) For the purposes of delivering such a notice to him in person, a constable or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)—

(a) enter any premises where he has reasonable grounds for believing the person to be; and

(b) search those premises for him.

(4) In this Part “the relevant applicant authority” means—

(a) in relation to a serious crime prevention order in England and Wales—

(i) where the order was applied for by the Director of Public Prosecutions, the Director of Public Prosecutions;

F1 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; F2 ...

(iii) where the order was applied for by the Director of the Serious Fraud Office, the Director of the Serious Fraud Office; F3 ...

[F4 (iv) where the order was applied for by the chief officer of police of a police force in England and Wales, the chief officer of police of any such police force;]

[F5 (aa) in relation to a serious crime prevention order in Scotland [F6 —

(i) where the order was applied for by the Lord Advocate, the Lord Advocate;

(ii) where the order was applied for by the chief constable of the Police Service of Scotland, the chief constable;]]

(b) in relation to a serious crime prevention order in Northern Ireland [F7 —

(i) where the order was applied for by the Director of Public Prosecutions for Northern Ireland, the Director;

(ii) where the order was applied for by the Chief Constable of the Police Service of Northern Ireland, the Chief Constable.]

Textual Amendments

F1 S. 10(4)(a)(ii) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 47

F2 Word in s. 10(4)(a) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 4(2)(a)

F3 Word in s. 10(4)(a) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 11(a); S.I. 2016/148, reg. 3(f)

F4 S. 10(4)(a)(iv) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 4(2)(b)

F5 S. 10(4)(aa) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 11(b); S.I. 2016/148, reg. 3(f)

F6 S. 10(4)(aa)(i)(ii) substituted for words in s. 10(4)(aa) (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 4(3)

F7 S. 10(4)(b)(i)(ii) substituted for words in s. 10(4)(b) (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 4(4)

Commencement Information

I1 S. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)