Search Legislation

Advanced Search

Psychoactive Substances Act 2016

Status:

This is the original version (as it was originally enacted).

20Premises orders

This section has no associated Explanatory Notes

(1)The appropriate court may make a premises order against a person if—

(a)condition A or B is met, and

(b)condition C is met.

(2)A premises order is an order that requires the person against whom it is made to take all reasonable steps to prevent any prohibited activity, or a prohibited activity of a description specified in the order, from being carried on at any premises specified in the order that are owned, leased, occupied, controlled or operated by the person.

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

(4)Condition B is that, where no premises notice has been given (or one was given but has been withdrawn)—

(a)the court is satisfied on the balance of probabilities that a prohibited activity is being, or is likely to be, carried on at particular premises,

(b)the person owns, leases, occupies, controls or operates the premises, and

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

(5)Condition C is that the court considers it necessary and proportionate to make the premises order for the purpose of preventing any prohibited activity from being carried on at any premises owned, leased, occupied, controlled or operated by the person.

(6)If a court makes a premises order based on condition A having been met, the premises notice is to be treated as having been withdrawn.

(7)A premises order may not be made against an individual who is under the age of 18.

(8)A premises order 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, a magistrates’ court;

(b)in relation to Scotland, the sheriff;

(c)in relation to Northern Ireland, a court of summary jurisdiction.

(10)Subsection (6) of section 14 (when a person “owns” premises) applies for the purposes of this section as it applies for the purposes of that section.

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