A member of a police force not below the rank of superintendent ("the authorising officer") may authorise the issue of a closure notice in respect of any premises if three conditions are met.
The first condition is that the officer has reasonable grounds for believing that either subsection (3) or (4) (or both) applies.
This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.
In subsections (3) and (4), "the relevant period" means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice.
The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified prostitution or pornography offences.
The third condition is that the officer is satisfied—
For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).
An authorisation under subsection (1) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable.
The issue of a closure notice may be authorised whether or not a person has been convicted of any specified prostitution or pornography offence that the authorising officer believes has been committed.
The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.