- Latest available (Revised)
- Point in Time (28/03/2011)
- Original (As enacted)
Version Superseded: 08/03/2015
Point in time view as at 28/03/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sexual Offences Act 2003, Section 136D is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)If a closure notice has been issued, a constable must apply under this section to a magistrates' court for a closure order.
(2)A closure order is an order that the premises in respect of which the order is made are closed to all persons for such period not exceeding 3 months as is specified in the order.
(3)The application must be heard by the magistrates' court not later than 48 hours after the notice was served in pursuance of section 136C(3)(a).
(4)The magistrates' court may make a closure order if three conditions are met.
(5)The first condition is that the court is satisfied that either subsection (6) or subsection (7) (or both) applies.
(6)This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences.
But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion).
(7)This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.
(8)In subsections (6) and (7), “the relevant period” means the period of 3 months ending with the day on which the issue of the closure notice was authorised.
(9)The second condition is that the court is satisfied that the making of the closure order is necessary to prevent the premises being used for activities related to one or more specified prostitution or pornography offences during the period to be specified in the order.
(10)The third condition is that the court is satisfied that—
(a)before the issue of the closure notice was authorised, reasonable steps were taken to establish the identity of any person of a description mentioned in section 136B(7)(b), and
(b)a constable complied with section 136C(3)(d) in relation to the persons so identified.
(11)For the purposes of the second condition, it does not matter whether the court is satisfied that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).
(12)A closure order may be made whether or not a person has been convicted of any specified prostitution or pornography offence that the court is satisfied has been committed.]
Textual Amendments
F1Pt. 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)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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 government 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 were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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: