Part 2: Serious Disruption Prevention Orders Section 28: Variation, renewal or discharge of serious disruption prevention order
Subsection (1) enables a person named in subsection (2) to apply to court to vary, renew or discharge a SDPO.
	Subsection (2) sets out these persons:
the person subject to a SDPO.
the chief officer of police where the person subject to a SDPO lives.
a chief officer of police who believes that a person subject to a SDPO is in or intending to come into their police area.
the chief officer of police who made the original SDPO application.
the chief officer of police for the police area in which the person committed an offence which led to the imposition of a SDPO.
where the order was made following an application by a constable within subsection (3), that constable.
	Subsection (3) lists the chief constables, namely of the British Transport Police, Civil Nuclear Constabulary and Ministry of Defence Police.
	Subsection (4) establishes that an application to vary, renew or discharge an order must be made to a magistrates’ court by complaint, or in accordance with the rules of the court if applying to another court.
	Subsection (5) requires the court to hear from the person making the application, and any other person specified in subsection (2) before making its decision.
	Subsection (6) (subject to subsections (7) to (9)) allows the court to make such order varying, renewing or discharging a SDPO as it sees fit, following an application.
	Subsection (7) allows a court to vary a SDPO in order to extend the period for which the order has effect, extend the period for which a requirement or prohibition imposed has effect, or impose an additional prohibition or requirement if it considers that it is necessary for a purpose mentioned in subsection (8). The court may also renew a SDPO if it considers that it is necessary for a purpose mentioned in subsection (8).
	The purposes in subsection (8) are:
prevent the person subject to a SDPO from committing a protest-related offence or protest-related breach of an injunction,
prevent the person subject to a SDPO from carrying out activities related to protests that result, or are likely to result in serious disruption to an organisation or two or more individuals,
protect an organisation or two or more individuals from the risk of serious disruption arising from protest-related offences, protest-related breaches of injunctions and activities related to a protest,
prevent the person subject to a SDPO from causing or contributing to any other person’s protest-related offence or protest-related breach of an injunction, or
prevent the person subject to a SDPO from causing or contributing to any other person’s act which is likely to result in serious disruption to an organisation or two or more individuals.
	Subsection (9) specifies that the court may not renew a serious disruption prevention order more than once.
	Subsection (10) specifies that the provisions in sections 22 to 26 (other than section 24(2) and (3)) also have effect in relation to the renewal or variation of an order under this section.
	Subsection (11) requires the court to explain in ordinary language to the person subject to a SDPO, the effects of the SDPO which has been varied or renewed.
	Subsection (12) provides that section 127 of the Magistrates’ Courts Act 1980 (which provides for a six-month time limit on a magistrates’ court hearing a complaint unless the complaint was made within 6 months from the time when the matter of complaint arose) does not apply to applications under this section.
	Subsection (13) defines the meaning of appropriate court for the purpose of this section. The appropriate court is:
where the Crown Court or Court of Appeal made the SDPO, the Crown Court.
where a magistrates’ court made the order and the application is made by an individual subject to a SDPO, or a constable within subsection (3), then the appropriate court is the magistrates’ court or the magistrates’ court for the area where the person subject to a SDPO lives.
where a magistrates’ court made the order and a chief police officer applies, then the appropriate court is the magistrates’ court or the magistrates’ court where the person subject to a SDPO lives, or a magistrates’ court acting for a local justice area which includes any part of that chief officer’s police area.