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Counter-Terrorism Act 2008
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- 2008 c. 28
- SCHEDULE 5
- Application for foreign travel...
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Application for foreign travel restriction orderU.K.
3(1)In England and Wales an application for a foreign travel restriction order in respect of a person may only be made by a chief officer of police.U.K.
(2)An application may only be made if—
(a)the person resides in the chief officer's police area, or
(b)the chief officer believes that the person is in, or is intending to come to, that area.
(3)The application must be made by complaint to a magistrates' court whose commission area includes any part of the chief officer's police area.
Commencement Information
I1Sch. 5 para. 3 in force at 1.10.2009 by S.I. 2009/1493, art. 2(c)
4(1)In Scotland an application for a foreign travel restriction order in respect of a person may only be made by [F1the chief constable of the Police Service of Scotland] .U.K.
(2)An application may only be made if—
(a)the person resides in [F2Scotland] , or
(b)the chief constable believes that the person is in, or is intending to come to, [F3Scotland] .
(3)The application must be made by summary application F4....
(4)A record of evidence is to be kept on any such summary application.
(5)Where the sheriff makes a foreign travel restriction order, the clerk of the court must give a copy of the order to the respondent or send a copy to the respondent by registered post or the recorded delivery service.
(6)An acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.
Textual Amendments
F1Words in Sch. 5 para. 4(1) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(8)(a)
F2Word in Sch. 5 para. 4(2)(a) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(8)(b)
F3Word in Sch. 5 para. 4(2)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(8)(c)
F4Words in Sch. 5 para. 4(3) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 60(8)(d)
Commencement Information
I2Sch. 5 para. 4 in force at 1.10.2009 by S.I. 2009/1493, art. 2(c)
5(1)In Northern Ireland an application for a foreign travel restriction order in respect of a person may only be made by the Chief Constable of the Police Service of Northern Ireland.U.K.
(2)An application may only be made if—
(a)the person resides in Northern Ireland, or
(b)the Chief Constable believes that the person is in, or is intending to come to, Northern Ireland.
(3)The application must be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction.
Commencement Information
I3Sch. 5 para. 5 in force at 1.10.2009 by S.I. 2009/1493, art. 2(c)
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