9.— (1) Where the District Court makes a prohibition order under section 8—

(a) prohibiting a person from engaging in or continuing to engage in specified activities at a specified place, and

(b) the place specified in the order is not owned by the person who is the subject of the prohibition order,

the court, on application to it in that behalf by the owner of the place concerned, at any time after the making of a prohibition order may, if it considers it appropriate to do so, vary the order.

(2) In determining whether to vary a prohibition order, the court shall have regard to whether there would be a serious risk of injustice if the order were not so varied.

(3) An application under subsection (1) shall be made on notice to—

(a) the person who is the subject of the prohibition order, unless it is not reasonably practicable to ascertain the whereabouts of the person, and

(b) a member of the Garda Síochána not below the rank of superintendent in the Garda Síochána district in which the person who is subject to the prohibition order resides.

(4) An appeal shall lie to the Circuit Court from a refusal to vary a prohibition order.