Commentary on Sections Section 63G Variation of orders and their discharge
41.This section provides for the variation and discharge of orders. Subsection (1) provides that the court can vary or discharge orders on application from any party to the original proceedings, the person being protected by the order, or anyone else affected by the order. Subsection (2) also provides that the court can vary or discharge an order without an application, if the order was made of the court’s own volition.
42.Subsection (3) provides that applications for variation of an order can also be made on an ex parte basis and, where they are, the provisions set out in section 63D will apply.
43.Subsection (4) provides that section 63E may be applied to proceedings for the variation of a forced marriage protection order. This means that an undertaking may be given on an application to vary a forced marriage protection order if appropriate.
44.Subsection (7) provides that where there is a power of arrest attached to an order the court can vary or discharge that power of arrest.