Moved by
Lord Bates
105A: Schedule 3, page 41, line 15, leave out from “applies” to end of line 16 and insert “where—
(a) a person proposes to give a prohibition notice,
(b) a person makes an application for a prohibition order under section 17, or
(c) a person mentioned in subsection (1)(a) or (2) of section 24 makes an application under that section for the variation of a prohibition order.”
105B: Schedule 3, page 41, line 17, leave out “A” and insert “The”
105C: Schedule 3, page 41, line 17, leave out “a”
105D: Schedule 3, page 41, line 18, leave out second “the” and insert “a non-UK”
105E: Schedule 3, page 41, line 29, after “making” insert “or varying”
105F: Schedule 3, page 41, line 32, leave out “a law enforcement officer” and insert “the relevant enforcement authority”
105G: Schedule 3, page 41, line 33, leave out “officer” and insert “authority”
105H: Schedule 3, page 41, line 36, leave out “a law enforcement officer” and insert “the relevant enforcement authority”
105J: Schedule 3, page 41, line 37, leave out from “of” to end of line 43 and insert “the relevant matters (see sub-paragraph (5A)).
(5A) The “relevant matters” are—
(a) in the case of a prohibition notice, the intention to give a prohibition notice containing the terms;
(b) in the case of a prohibition order, the intention to apply for—
(i) a prohibition order containing the terms, or
(ii) the variation of a prohibition order so that it contains the terms;
(c) in either of those cases, the terms.
(6) In the case of a prohibition order, it does not matter for the purposes of sub-paragraph (5) whether the request or notification is made before or after the making of the application referred to in sub-paragraph (5A)(b).
(7) In this paragraph—
“non-UK service provider” means a service provider established in an EEA state other than the United Kingdom;
“the relevant enforcement authority” means—
(a) in the case of a prohibition notice to be given by a constable, the chief officer of police or chief constable (as the case may be) of the police force of which the constable is a member;
(b) in the case of a prohibition notice to be given by a designated NCA officer, the Director General of the National Crime Agency;
(c) in the case of a prohibition notice to be given by a general customs official, the Secretary of State by whom general customs functions are exercisable;
(d) in the case of a prohibition notice to be given by a local authority, that local authority;
(e) in the case of a prohibition order, the person applying for the order or for the variation of the order (as the case may be).”