Part 2—Notification and orders
- (a) may be made in the complaint containing the main application, or
- (b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3) The court may, if it considers it just to do so, make an interim notification order.
(4) Such an order—
- (a) has effect only for a fixed period, specified in the order;
- (b) ceases to have effect, if it has not already done so, on the determination of the main application.
(5) While such an order has effect—
- (a) the defendant is subject to the notification requirements of this Part;
- (b) this Part applies to the defendant, subject to the modification set out in subsection (6).
(6) The “relevant date” means the date of service of the order.
(7) The applicant or the defendant may by complaint apply to the court that made the interim notification order for the order to be varied, renewed or discharged.
101 Notification orders and interim notification orders: appeals
A defendant may appeal to the Crown Court against the making of a notification order or interim notification order.
102 Appeals in relation to notification orders and interim notification orders: Scotland
In Scotland—
- (a) an interlocutor granting or refusing a notification order or interim notification order is an appealable interlocutor; and
- (b) where an appeal is taken against an interlocutor so granting such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.
103 Sections 97 to 100: Scotland
(1) Sections 97 to 100 apply to Scotland with the following modifications—
- (a) references to a chief officer of police and to his police area are to be read, respectively, as references to a chief constable and to the area of his police force;
- (b) references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
- (c) an application for a notification order or interim notification order is made by summary application to any sheriff within whose sheriffdom lies any part of the area of the applicant’s police force (references to “the court” being construed accordingly).
(2) A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.
