Armed Forces Act 1991

18 Content, effect, variation and discharge of assessment orders. U.K.

(1) An assessment order shall—

(a) specify the date by which the assessment is to begin; and

(b) have effect for such period, not exceeding seven days beginning with that date, as may be specified in the order.

(2) Where an assessment order is in force with respect to a child, it shall be the duty of any person who is in a position to produce the child—

(a) to produce him to such person as may be named in the order; and

(b) to comply with such directions relating to the assessment of the child as the officer making the order considers appropriate to include in the order.

(3) Subject to subsection (4) below, an assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order.

(4) If the child to whom an assessment order relates is of sufficient understanding to make an informed decision, he may refuse to submit to a medical or psychiatric examination or other assessment.

(5) The child to whom an assessment order relates may only be kept away from home—

(a) in accordance with directions included in the order; and

(b) if it is necessary for the purposes of the assessment; and

(c) for such period or periods as may be specified in the order.

(6) Where the child to whom an assessment order relates is to be kept away from home, the order shall contain such directions as the officer making it considers appropriate with regard to the contact that the child must be allowed to have with other persons while away from home.

(7) In such circumstances and subject to such conditions as may be prescribed by regulations, an assessment order may be varied or discharged on an application made, in such manner as may be so prescribed, by—

(a) the child to whom the order relates;

(b) a parent of his;

(c) any other person who has parental responsibility for him;

(d) any other person caring for the child or with whom the child was residing immediately before the making of the application;

(e) any person in whose favour a contact order is in force with respect to the child; or

(f) any person who is allowed to have contact with the child by virtue of an order [F1 —

(i)]

under section 34 of the M1 Children Act 1989 [F2 or Article 53 of the Children (Northern Ireland) Order 1995]. [F3 ; or

(ii) under section 88 of the Children (Scotland) Act 1995]

(8) A person subject to service law or a civilian in a corresponding position who intentionally obstructs any person exercising a power conferred on him by virtue of the making of an assessment order shall be liable on conviction to a fine or to any less punishment provided by the M2 Army Act 1955, the M3 Air Force Act 1955 or the 1957 Act, as the case may require.

(9) Any offence under subsection (8) above shall be treated,—

(a) if the offender is subject to military law or a civilian to whom Part II of the M4 Army Act 1955 is applied by section 209 of that Act, as if it were an offence against a provision of Part II of that Act which is triable by court-martial under that Act;

(b) if the offender is subject to air-force law or a civilian to whom Part II of the M5 Air Force Act 1955 is applied by section 209 of that Act, as if it were an offence against a provision of Part II of that Act which is triable by court-martial under that Act;

(c) if the offender is subject to the 1957 Act or a civilian to whom Parts I and II of that Act are applied by section 118 of that Act, as if it were an offence against a provision of Part I of that Act which is triable by court-martial under that Act.

(10) Any power conferred by this section to give directions shall be exercisable subject to, and in accordance with, any provision made by regulations.

Textual Amendments

F1 Hyphen and sub-para. (i) inserted (1.4.1997) in s. 18(7)(f) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(3)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F2 Words in s. 18(7)(f) added (4.11.1996) by S.I. 1996/756, art. 14(3); S.R. 1996/297, art. 3

F3 Semicolon, word and sub-para. (ii) inserted (1.4.197) in s. 18(7)(f) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(3)(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

Marginal Citations

M1 1989 c. 41.

M2 1955 c. 18.

M3 1955 c. 19.

M4 1955 c. 18.

M5 1955 c. 19.