In force2020 Revised Edition

Contents

Organised Crime Act 2015 · 2020 Revised Edition · Part 5 · General Provisions Relating to Ocpo and Fro

28. Right of third parties to make representations

(1)

A court must, before making an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the making of the OCPO or FRO if it considers that the making of the OCPO or FRO would be likely to have a significant adverse effect on that person.

(2)

A court must, before varying an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the variation of the OCPO or FRO if it considers that —

(a)

the variation of the OCPO or FRO; or

(b)

a decision not to vary it,would be likely to have a significant adverse effect on that person.

(3)

A court must, before discharging an OCPO or FRO, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in proceedings before the court about the discharge of the OCPO or FRO if it considers that —

(a)

the discharge of the OCPO or FRO; or

(b)

a decision not to discharge it,would be likely to have a significant adverse effect on that person.

(4)

A court which is considering an appeal in relation to an OCPO or FRO must, on an application by a person (not being any of the relevant parties), give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.

(5)

Rules of Court may provide for the manner in which any application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.