Scrap Metal Dealers Bill (HL Bill 54)

(c) that any defendant pay into court such sum as the court determines
and that the sum will not be released by the court to that person until
the other requirements of the order are met.

(4) A closure order including a requirement mentioned in sub-paragraph (3)(a)
5may, in particular, include such conditions as the court considers
appropriate relating to—

(a) the admission of persons onto the premises;

(b) the access by persons to another part of any building or other
structure of which the premises form part.

(5) 10A closure order may include such provision as the court considers
appropriate for dealing with the consequences if the order should cease to
have effect under paragraph 6.

(6) As soon as practicable after a closure order is made, the complainant must
fix a copy of it in a conspicuous position on the premises in respect of which
15it was made.

(7) A sum which has been ordered to be paid into court under a closure order is
to be paid to the designated officer for the court.

Termination of closure order by certificate of constable or authority

6 (1) This paragraph applies where—

(a) 20a closure order has been made, but

(b) a constable or the local authority is satisfied that the need for the
order has ceased.

(2) The constable or authority may make a certificate to that effect.

(3) The closure order ceases to have effect when the certificate is made.

(4) 25If the closure order includes a requirement under paragraph 5(3)(c), any sum
paid into court under the order is to be released by the court to the defendant
(whether or not the court has made provision to that effect under paragraph
5(5)).

(5) As soon as practicable after making a certificate, the constable or authority
30must—

(a) give a copy of it to any person against whom the closure order was
made,

(b) give a copy of it to the designated officer for the court which made
the order, and

(c) 35fix a copy of it in a conspicuous position on the premises in respect
of which the order was made.

(6) The constable or authority must give a copy of the certificate to any person
who requests one.

Discharge of closure order by court

7 (1) 40Any of the following persons may make a complaint to a justice of the peace
for an order that a closure order be discharged (a “discharge order”)—

(a) any person to whom the relevant closure notice was given under
paragraph 2;

(b) any person who has an interest in the premises but to whom the
closure notice was not given.

(2) The court may not make a discharge order unless it is satisfied that there is
no longer a need for the closure order.

(3) 5Where a complaint has been made under this paragraph, the justice may
issue a summons directed to—

(a) such constable as the justice considers appropriate, or

(b) the local authority,

requiring that person to appear before the magistrates’ court to answer to
10the complaint.

(4) If a summons is issued under sub-paragraph (3), notice of the date, time and
place at which the complaint will be heard must be given to all the persons
to whom the closure notice was given under paragraph 2 (other than the
complainant).

(5) 15The procedure on a complaint under this paragraph is to be in accordance
with the Magistrates’ Courts Act 1980.

Appeals

8 (1) An appeal may be made to the Crown Court against—

(a) a closure order;

(b) 20a decision not to make a closure order;

(c) a discharge order;

(d) a decision not to make a discharge order.

(2) Any appeal under this paragraph must be made before the end of the period
of 21 days beginning with the day on which the order or the decision in
25question was made.

(3) An appeal under this paragraph against a closure order or a decision not to
make a discharge order may be made by—

(a) any person to whom the relevant closure notice was given under
paragraph 2;

(b) 30any person who has an interest in the premises but to whom the
closure notice was not given.

(4) An appeal under this paragraph against a decision not to make a closure
order or against a discharge order may be made by a constable or (as the case
may be) the local authority.

(5) 35On an appeal under this paragraph the Crown Court may make such order
as it considers appropriate.

Enforcement of closure order

9 (1) A person is guilty of an offence if the person, without reasonable excuse,—

(a) permits premises to be open in contravention of a closure order, or

(b) 40otherwise fails to comply with, or does an act in contravention of, a
closure order.

(2) If a closure order has been made in respect of any premises, a constable or
an authorised person may (if necessary using reasonable force)—

(a) enter the premises at any reasonable time, and

(b) having entered the premises, do anything reasonably necessary for
the purpose of securing compliance with the order.

(3) Sub-paragraph (4) applies if a constable or an authorised person (“the
5officer”) seeks to exercise powers under this paragraph in relation to any
premises.

(4) If the owner, occupier or other person in charge of the premises requires the
officer to produce—

(a) evidence of the officer’s identity, or

(b) 10evidence of the officer’s authority to exercise those powers,

the officer must produce that evidence.

(5) A person who intentionally obstructs a constable or an authorised person in
the exercise of powers under this paragraph is guilty of an offence.

(6) A person guilty of an offence under this paragraph is liable on summary
15conviction to a fine not exceeding level 5 on the standard scale.

(7) In this paragraph “an authorised person” is a person authorised for the
purposes of this paragraph by the local authority.