Armed Forces Act 1991

21 Duration of protection orders. U.K.

(1) A protection order shall specify the period for which it is to have effect, [F1 which must be a period of not more than 28 days beginning with the date of the order.]

(2) Where a protection order has been made with respect to a child and it appears at any time to [F2 a judge advocate]—

(a) that the period for which the order is to have effect is less than the maximum period [F3 permitted by subsection (1) above]; and

(b) that there is reasonable cause to believe that the child concerned is likely to suffer significant harm if the effect of the order is not extended or further extended,

[F4 the judge advocate] may by an order (in this Part of this Act referred to as an “extension order ”) continue the effect of the protection order until a time no later after the making of the protection order than the end of that maximum period.

(3) No extension order shall be made without affording—

(a) the child to whom the protection order relates,

(b) his parents,

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

(d) any other person with whom he was residing immediately before the making of the application for the protection order,

an opportunity to make representations to the [F5 judge advocate] by whom the case is being considered, except where it appears to that [F5 judge advocate] that it would be undesirable to do so in the interests of the child or that it would be impracticable, or would cause unnecessary delay, to communicate with any parent of the child or with any such other person as is mentioned in paragraph (c) or paragraph (d) above.

(4) Where a child is removed under a protection order to accommodation in the United Kingdom—

(a) the order shall not authorise his being kept in that accommodation after the end of the period of twenty-four hours beginning with his arrival in that accommodation; but

(b) the powers conferred by the M1 Children Act 1989, [F6 the Children’s Hearings (Scotland) Act 2011] and the [F7 Children (Northern Ireland) Order 1995] shall be exercisable with respect to the child as if everything which was relevant to the question of whether a protection order should be made were relevant, notwithstanding that the child has been removed under the order, to the question whether the conditions for the exercise of any of those powers are satisfied.

(5) Without prejudice to the power to vary or revoke any direction previously given under subsection (4) of section 20 above, [F8 a judge advocate] making an extension order may exercise the power to give such directions and subsection (11) of that section shall have effect accordingly.

Textual Amendments

F1 Words in s. 21(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 6(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2 Words in s. 21(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 6(3)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3 Words in s. 21(2)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 6(3)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4 Words in s. 21(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 6(3)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F5 Words in s. 21(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 6(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F6 Words in s. 21(4)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 3

F7 Words in s. 21(4)(b) substituted (4.11.1996) by S.I. 1995/756, art. 14(5); S.R. 1996/297, art. 3

F8 Words in s. 21(5) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 6(5); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

M1 1989 c. 41.