45M Procedure for making, varying and revoking Part 2A ordersE+W

(1)The power of a justice of the peace to make a Part 2A order is exercisable on the application of a local authority.

(2)Local authorities must co-operate with each other in deciding which of them should apply for a Part 2A order in any particular case.

(3)The appropriate Minister must by regulations require a local authority to give notice to such persons as may be prescribed by the regulations of the making of an application for a Part 2A order, but this is subject to subsection (4).

(4)If a justice of the peace considers it necessary to do so, the justice may make a Part 2A order without a person having been given such notice as is otherwise required to be given to that person under rules of court or regulations under subsection (3).

(5)A Part 2A order may be varied or revoked by a justice of the peace on the application of—

(a)an affected person,

(b)a local authority, or

(c)any other authority with the function of executing or enforcing the order in question.

(6)In the case of an order under section 45G, the following persons are affected persons—

(a)P,

(b)a person with parental responsibility (within the meaning of the Children Act 1989) for P,

(c)P's husband, wife or civil partner,

(d)a person living with P as P's husband, wife or civil partner, and

(e)such other persons as may be prescribed by regulations.

(7)In the case of an order under section 45H(2), the following persons are affected persons—

(a)the owner of the thing,

(b)any person with custody or control of the thing, and

(c)such other persons as may be prescribed by regulations.

(8)In the case of an order under section 45I(2), the following persons are affected persons—

(a)the owner of the premises,

(b)any occupier of the premises, and

(c)such other persons as may be prescribed by regulations.

(9)In the case of an order under section 45H(4) or 45I(4), the person required to provide information or answer questions and such other persons as may be prescribed by regulations are affected persons.

(10)Variation or revocation of a Part 2A order does not invalidate anything done under the order prior to the variation or revocation.

(11) In this section “ regulations ” means regulations made by the appropriate Minister. ]