Search Legislation

Advanced Search

Psychoactive Substances Act 2016

Status:

This is the original version (as it was originally enacted).

18Prohibition orders on application

This section has no associated Explanatory Notes

(1)The appropriate court may make a prohibition order under this section against a person if—

(a)condition A or B is met, and

(b)condition C is met.

(2)Condition A is that the court is satisfied on the balance of probabilities that the person has failed to comply with a prohibition notice.

(3)Condition B is that, where no prohibition notice has been given (or one was given but has been withdrawn)—

(a)the court is satisfied on the balance of probabilities that the person is carrying on, or is likely to carry on, a prohibited activity, and

(b)the court considers that the person would fail to comply with a prohibition notice if given.

(4)Condition C is that the court considers it necessary and proportionate to make the prohibition order for the purpose of preventing the person from carrying on any prohibited activity.

(5)If a court makes a prohibition order under this section based on condition A having been met, the prohibition notice is to be treated as having been withdrawn.

(6)A prohibition order under this section may not be made—

(a)in England and Wales or Northern Ireland, against an individual who is under the age of 10, or

(b)in Scotland, against an individual who is under the age of 12.

(7)A prohibition order under this section made against an individual who is under the age of 18 at the time the order is made—

(a)must specify the period for which it has effect, and

(b)may not have effect for more than 3 years.

(8)A prohibition order under this section may be made only on an application made in accordance with section 21.

(9)In this section “the appropriate court” means—

(a)in relation to England and Wales—

(i)where the person in respect of whom the application is made is an individual who is under the age of 18, a youth court, and

(ii)in any other case, a magistrates’ court;

(b)in relation to Scotland, the sheriff;

(c)in relation to Northern Ireland—

(i)where the person in respect of whom the application is made is an individual who is under the age of 18, a youth court, and

(ii)in any other case, a court of summary jurisdiction.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources