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RESTRICTED PREMISES ACT 1943 - SECT 4
Rescission of declaration
4 Rescission of declaration
(1) Any such declaration may be rescinded by the appropriate Court subject to
such terms as the Court thinks fit, on application being made to it-- (a) by
the owner or occupier of the premises the subject of the declaration, if the
Court is satisfied the conditions referred to in section 3 (1) in respect of
which the declaration was made-- (i) have ceased for a continuous period of at
least 12 months before the application is made, and
(ii) are unlikely to
reoccur at the premises, or
(b) by a senior police officer on proof that
there is no reasonable ground for suspecting that any of the conditions
referred to in subsection (1) of section 3 obtain in relation to such
premises.
(1A) For the purposes of subsection (1) (a), the burden of
establishing that the conditions have ceased and are unlikely to reoccur lies
on the owner or occupier of the premises.
(2) Where an application under this
section is made by the owner or occupier of the premises notice in writing of
intention to make the same shall be served on a senior police officer two days
at least before the hearing of such application.
(3) An owner or occupier may
not make more than one application for the rescission of a declaration in
respect of the same premises within any 12 month period.
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