Violent Crime Reduction Act 2006

Valid from 06/04/2007

Notification obligations under banning orders E+W

5 (1) Section 14E (banning orders: general) is amended as follows. E+W

(2) After subsection (2) insert—

“(2A) A banning order must require the person subject to the order to give notification of the events mentioned in subsection (2B) to the enforcing authority.

(2B) The events are—

(a) a change of any of his names;

(b) the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order;

(c) a change of his home address;

(d) his acquisition of a temporary address;

(e) a change of his temporary address or his ceasing to have one;

(f) his becoming aware of the loss of his travel authorisation;

(g) receipt by him of a new travel authorisation;

(h) an appeal made by him in relation to the order;

(i) an application made by him under section 14H(2) for termination of the order;

(j) an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.

(2C) A notification required by a banning order by virtue of subsection (2A) must be given before the end of the period of seven days beginning with the day on which the event in question occurs and—

(a) in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address;

(b) in the case of a first use of a previously undisclosed name, must specify that name; and

(c) in the case of a receipt of a new travel authorisation, must give details of that travel authorisation.”

(3) In subsection (3) (under which a banning order must, unless there are exceptional circumstances, impose a requirement as to the surrender of the passport of the subject) omit “ , unless it appears to the court that there are exceptional circumstances, ”.

(4) Omit subsection (4) (where exceptional circumstances exist court must state in open court what they are).

(5) After subsection (7) insert—

“(8) In this section—

• “declaration of relevance” has the same meaning as in section 23;

• “home address”, in relation to any person, means the address of his sole or main residence;

• “loss” includes theft or destruction;

• “new” includes replacement;

• “temporary address”, in relation to any person, means the address (other than his home address) of a place at which he intends to reside, or has resided, for a period of at least four weeks.”

(6) In relation to times before the commencement of section 39(2) of the Identity Cards Act 2006 (c. 15), the references to a travel authorisation in subsections (2B) and (2C) of section 14E of the Football Spectators Act 1989 (c. 37) shall have effect as references to a passport.

(7) Sub-paragraphs (3) and (4) apply—

(a) to a banning order made after the commencement of those sub-paragraphs; and

(b) for the purposes of any appeal falling to be determined after the commencement of those sub-paragraphs.