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Armed Forces Act 1981

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Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

14Temporary removal to and detention in a place of safety abroad of children of service families in need of care or control

(1)This section applies to a child who—

(a)forms part of the family of a person subject to service law serving in a country or territory outside the United Kingdom or of a civilian in a corresponding position;

(b)resides outside the United Kingdom with that family or another such family ; and

(c)is under seventeen years of age and unmarried.

(2)This section also applies to a child who is staying (for however short a time) with a family other than the family to which he belongs but otherwise satisfies the conditions specified in subsection (1) above and so applies to him as if he resided with that family.

(3)A child to whom this section applies may be removed to and detained for a limited period in a place of safety outside the United Kingdom in a case where an officer having power under this section to order the child's removal to and detention in such a place thinks fit to do so on being satisfied, on one or more of the grounds specified in subsection (4) below, that the child is in need of care or control.

(4)The grounds which justify the making of such an order in relation to a child to whom this section applies are—

(a)that his proper development is being avoidably prevented or neglected or his health is being avoidably impaired or neglected or he is being or is likely to be ill-treated;

(b)that he is exposed to moral danger;

(c)that he is beyond the control of his parent or guardian or, in a case where the child resides for the time being with the family of another person, of that person.

(5)The power to make an order for the child's removal to and detention in a place of safety is vested in the following officers, that is to say—

(a)the commanding officer of the person to whose family the child belongs;

(b)the commanding officer of the person with whose family the child resides ; and

(c)any officer who is superior in command to the commanding officer of either of those persons.

(6)Where a person's commanding officer is absent or otherwise not available the power to make such an order shall, except where that person is a civilian, be exercisable, in the same circumstances and subject to the same limitations, by any officer under the command of the first-mentioned officer, being an officer of or above the following ranks, that is to say, captain, flight-lieutenant or lieutenant according as he serves in the military, air or naval forces of the Crown.

(7)An order under this section shall specify the place of safety to which the child is to be removed and the period during which the child is to be detained there and shall be sufficient authority for his removal and detention in accordance with the order.

(8)The maximum period during which a child may be detained in a place of safety by virtue of an order under this section is—

(a)eight days in a case where the order is made by the commanding officer of the person to whose family the child belongs or with whose family the child resides; and

(b)twenty days in a case where the order is made by an officer superior in command to the commanding officer of either of those persons ;

being a period beginning in either case with the date of the order.

(9)Where an order has been made under this section for the detention of a child for a period of eight days or less the child may be further detained for a period not exceeding twenty days in the same or another place of safety on the making of a further order under this section by any superior officer in whom the power to make such an order in relation to the child is vested.

(10)No order shall be made under this section in relation to a child without affording the child's parent or guardian and, in a case where the child resides for the time being with the family of another person, that person an opportunity to make representations to the officer by whom the case is being considered except where it appears to that officer that it would be undesirable to do so in the interests of the child or that it will be impracticable, or will cause unnecessary delay, to communicate with the parent or guardian or with that other person.

(11)In this section—

  • " civilian in a corresponding position", " commanding officer ", " service hospital " and " service law " have the same meanings as they have in section 13 above; and

  • " place of safety " means any service hospital or other suitable place the occupier of which is willing temporarily to receive the child ;

and any reference to the United Kingdom includes a reference to the Channel Islands and the Isle of Man.

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