- (c) inform the Director of the date of the hearing.
(4) After hearing an application made by the applicant under this section and any representations made by or on behalf of the Director, the magistrate may make an order suspending the closure order for a period of at least 2 years but not exceeding 3 years if the magistrate is satisfied that the proposed use of the premises is unlikely to pose an undue risk of fire.
(5) The magistrate making a suspension order under subsection (4)—
- (a) shall attach a condition to the order to the effect that the premises are, during the suspension, to be used only for the purpose proposed and, when occupied, to be occupied by the person proposed; and
- (b) may attach any other conditions to the order as the magistrate thinks fit, including a condition that a person gives security, in such a manner and such amount as may be specified, that will be forfeited as a result of a breach of the condition referred to in paragraph (a).
(6) The magistrate may enforce payment of any sum of money that is forfeited as a result of a breach of any condition attached to a suspension order in the same manner as if it were a judgment debt and any money recovered shall be paid into the general revenue.
(7) If a closure order is suspended and is not revived under section 36, the order shall cease to have effect at the end of the period for which it was suspended.
(8) The magistrate making a suspension order shall, as soon as reasonably practicable, cause a copy of the order signed by the magistrate to be sent to the Director.
(9) On receipt of the copy of the order under subsection (8), the Director shall, as soon as reasonably practicable, cause it to be registered in the Land Registry.
(10) A person—
- (a) referred to in subsection (1)(a) or (b); or
- (b) liable to be penalized in the event of a breach of a condition attached to the suspension order under subsection (5),
may apply in writing to a magistrate for a variation of any condition attached to the order.
(11) An application made under subsection (10) shall, as far as is practicable, be made to the magistrate who made the suspension order.
