- Latest available (Revised)
- Point in Time (19/10/2023)
- Original (As enacted)
Point in time view as at 19/10/2023.
There are currently no known outstanding effects for the Protection from Stalking Act (Northern Ireland) 2022, Section 11.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
11.—(1) An interim stalking protection order, in relation to a person, is an order which—
(a)prohibits the person from doing anything described in the order, or
(b)requires the person to do anything described in the order.
(2) Subsection (3) applies where an application for a stalking protection order against a person (“D”) has not been determined; and in the following provisions that application is referred to as the main application.
(3) A court of summary jurisdiction may, if it considers it appropriate to do so, make an interim stalking protection order against D on an application made by the Chief Constable at the same time as the main application or later.
(4) Prohibitions or requirements included in the interim stalking protection order must, so far as practicable, be such as to avoid—
(a)conflict with D’s religious beliefs, and
(b)interference with any times at which D normally works or attends an educational establishment.
(5) A prohibition or requirement included in the interim stalking protection order, unless expressly limited to a particular locality, is to be complied with—
(a)in all parts of the United Kingdom, and
(b)if D resides in Northern Ireland or was resident in Northern Ireland when the main application was made or is a UK national, also everywhere outside the United Kingdom.
(6) The interim stalking protection order has effect only for a fixed period specified in the order, but this is subject to subsections (9) and (10).
(7) The Chief Constable or D may apply to a court of summary jurisdiction for an order varying, renewing or discharging the interim stalking protection order.
(8) On an application under subsection (7), the court may make any order varying, renewing or discharging the interim stalking protection order that the court considers appropriate.
(9) The interim stalking protection order ceases to have effect, if it has not already done so, on the making of a stalking protection order on the main application or on the withdrawal of the main application.
(10) Where the interim stalking protection order is in force immediately before the dismissal of the main application, it ceases to have effect on the first occasion after the dismissal when the following conditions are satisfied—
(a)there is no pending appeal to the county court from the dismissal,
(b)the time for making such an appeal (taking account of any extension granted) has expired, and
(c)there is no pending application to extend the time for making such an appeal.
Commencement Information
I1S. 11 not in operation at Royal Assent, see s. 22(2)
I2S. 11 in operation at 19.10.2023 by S.R. 2023/174, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: