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Variation or discharge of closure orders.
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11.— (1) The District Court, on application to it in that behalf, by—
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(a) the person who is subject to a closure order,
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(b) the owner of the place which is specified in the order, or
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(c) a member of the Garda Síochána not below the rank of superintendent,
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at any time after the making of a closure order and before the date on which the order ceases to be in force may, if it considers it appropriate to do so, vary or discharge the order.
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(2) In determining whether to vary or discharge a closure order, the court shall have regard to whether there would be a serious risk of injustice if the order were not so varied or discharged, as the case may be.
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(3) An application under subsection (1) shall be made on notice to—
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(a) where the occupier of the place is not the applicant, the occupier of the place, unless it is not reasonably practicable to ascertain the identity or whereabouts of the occupier, and
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(b) where the owner of the place is not the applicant, the owner of the place, unless it is not reasonably practicable to ascertain the identity or whereabouts of the owner, and
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(c) where the applicant is not a member of the Garda Síochána, a member of the Garda Síochána not below the rank of superintendent in the Garda Síochána district in which the person to whom the closure order applies resides.
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(4) An appeal shall lie to the Circuit Court from a refusal to vary or discharge a closure order.
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