believe that the terms of the OCPO or FRO as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the OCPO or FRO, in a Part 2 offence, or a serious offence associated with an organised criminal group.
(3) Where an application is made under subsection (1), any term of the OCPO or FRO in relation to which the variation is applied for continues to have effect despite the application, and only ceases to have effect if the application is allowed by the court.
(4) The court must not entertain an application by the person who is the subject of the OCPO or FRO unless it considers that there has been a material change of circumstances affecting the OCPO or FRO.
(5) The court must not entertain an application by any person falling within subsection (1)(c) unless it considers that—
- (a) the person is adversely affected by the order significantly;
- (b) condition A or B as specified in subsection (6) or (7), respectively, is met; and
- (c) the application is not for the purpose of making the OCPO or FRO more onerous on the person who is the subject of it.
(6) Condition A is that—
- (a) the person falling within subsection (1)(c)—
- (i) has, on an application under section 28, been given an opportunity to make representations; or
- (ii) has made an application otherwise than under that section in relation to the OCPO or FRO; and
- (b) there has been a material change of circumstances affecting the OCPO or FRO.
(7) Condition B is that—
- (a) the person falling within subsection (1)(c) has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and
- (b) it was reasonable in all the circumstances for the person not to have done so.
