Moved by
Baroness Hamwee
64A: After Clause 15, insert the following new Clause—
“Appeals against notices
(1) A person issued with a prohibition notice or a premises notice may appeal to a magistrates’ court against the notice on any of the following grounds—
(a) that a prohibited activity or the prohibited activity specified in the notice—
(i) has not been carried on,
(ii) is not likely to be carried on, or
(iii) in the case of a premises notice, is conduct that the person cannot reasonably be expected to control or effect;
(b) that there is a material defect or error in, or in connection with, the notice;
(c) that the notice was given to the wrong person.
(2) An appeal must be made within the period of 21 days beginning with the day on which the person is given the notice.
(3) While an appeal against a notice is in progress—
(a) a requirement imposed by a premises notice to take any steps remains in effect, unless the court orders otherwise, but
(b) any other requirement imposed by a notice is of no effect.
(4) For the purpose of subsection (3) an appeal is “in progress” until it is finally determined or is withdrawn.
(5) A magistrates’ court hearing an appeal against a community protection notice must—
(a) quash the notice,
(b) modify the notice (for example by extending a period specified in it), or
(c) dismiss the appeal.”