Section 20 — Housing and Planning Act 2016: Revocation or variation of banning orders

Revocation or variation of banning orders 20 1 A person against whom a banning order is made may apply to the First-tier Tribunal for an order under this section revoking or varying the order.

2 If the banning order was made on the basis of one or more convictions all of which are overturned on appeal, the First-tier Tribunal must revoke the banning order.

3 If the banning order was made on the basis of more than one conviction and some of them (but not all) have been overturned on appeal, the First-tier Tribunal may—

a vary the banning order, or b revoke the banning order.

4 If the banning order was made on the basis of one or more convictions that have become spent, the First-tier Tribunal may—

a vary the banning order, or b revoke the banning order.

5 The power to vary a banning order under subsection (3)(a) or (4)(a) may be used to add new exceptions to a ban or to vary—

a the banned activities, b the length of a ban, or c existing exceptions to a ban.

6 In this section “ spent ”, in relation to a conviction, means spent for the purposes of the Rehabilitation of Offenders Act 1974.