19. —(1) Where a sex offender order is in force, the court, on application to it in that behalf at any time by the respondent, may, if it is shown to the satisfaction of the court that—

(a) the protection F38[of the public, or a member of the public, from] serious harm from the respondent does not require that the order should continue in force, or

(b) the order's effect for the time being is the cause of injustice,

discharge or, as may be appropriate, vary the order.

F39[(1A) Where a sex offender order is in force, the court, on application to it in that behalf at any time by a member of the Garda Síochána not below the rank of inspector, may, if it is shown to the satisfaction of the court that—

(a) the protection of the public, or a member of the public, from serious harm from the respondent requires the variation of the order, and

(b) such variation would not be a cause of injustice,

vary the order to the extent it deems necessary to protect the public, or a member of the public, from serious harm.

(1B) A variation of a sex offender order under subsection (1A) shall take effect on notification of the variation being given to the respondent.

(1C) Oral communication to the respondent by or on behalf of the applicant of the fact that a sex offender order has been varied, together with production of a copy of the order varying the sex offender order, shall, without prejudice to the sufficiency of any other form of notification, be taken to be sufficient notification to the respondent of the variation.

(1D) If the respondent is present at the sitting of the court at which the sex offender order is varied, he or she shall be taken, for the purposes of subsection (1), to have been notified of its variation.]

(2) The court shall, on application to it in that behalf at any time by the applicant, discharge a sex offender order.

(3) The F38[references in subsections (1) and (1A)] to protecting the public from serious harm from the respondent shall be construed in accordance with section 16(5).