The Armed Forces (Protection of Children of Service Families) Regulations 2009

PART 2 Applications and reviews before the coming into force of these Regulations

Applications for assessment orders

13.—(1) Where, before the coming into force of these Regulations—

(a) an application for an assessment order has been made in accordance with regulation 5(1) of the 1996 Regulations by a person authorised by those Regulations to make it, and

(b) it has not been decided whether to make an assessment order,

the application is to be treated, subject to paragraphs (2) to (5), as if it were an application made in accordance with regulation 4(1) by a person authorised under regulation 3 to make it.

(2) The applicant shall provide the court administration officer with a copy of the application.

(3) Where an officer has complied with regulation 5(2) of the 1996 Regulations and no hearing of the application under those Regulations has begun before the coming into force of these Regulations—

(a) regulation 4(2) shall not apply;

(b) the court administration officer shall—

(i) set a date, time and place for a hearing of the application by a judge advocate, allowing reasonable time for the applicant to comply with the requirements of sub-paragraph (c);

(ii) give the applicant notice in writing of the date, time and place set, allowing reasonable time for the applicant to comply with the requirements of sub-paragraph (c); and

(c) the applicant shall take such steps as are reasonably practicable to give the persons listed in section 17(4) not less than seven clear days’ notice in writing of the date, time and place set for the hearing.

(4) Any person whose representations shall under regulation 4(4) be considered shall be entitled—

(a) to attend the hearing of the application; and

(b) to be represented at the hearing.

(5) Where the hearing of an application for an assessment order has begun but has not been concluded before the coming into force of these Regulations, regulation 4 shall apply as if receipt by the court administration officer of a copy of the application provided in accordance with paragraph (2) were receipt of an application under regulation 4(1).

(6) Where—

(a) before the date on which these Regulations come into force, the officer having jurisdiction has decided, in relation to an application for an assessment order, whether to make such an order,

(b) he has not, before that date, complied with regulation 5(9)(b) of the 1996 Regulations, and

(c) on that date, any assessment order he has made in respect of that application remains in effect,

he shall ensure that notice is given in writing of his decision and the reasons for it, and a copy of the assessment order if he has made one, to the applicant and to the persons who have been given notice of the application in accordance with section 17(4).

Applications to vary or discharge assessment orders

14.—(1) Where, before the coming into force of these Regulations—

(a) an application for the variation or discharge of an assessment order has been made in accordance with regulation 6(2) of the 1996 Regulations by a person authorised by section 18(7) to make it, and

(b) it has not been decided whether to vary or discharge the order,

subject to paragraph (2), the application is to be treated as an application made in accordance with regulation 5(1).

(2) The applicant shall provide the court administration officer with a copy of the application.

Applications for protection orders

15.—(1) Where, before the coming into force of these Regulations—

(a) an application for a protection order has been made, and

(b) it has not been decided whether to make a protection order,

subject to paragraphs (2) to (6), the application is to be treated as if it were an application made in accordance with regulation 6(1).

(2) The applicant shall provide the court administration officer with a copy of the application.

(3) If the applicant was a person designated under the 1996 Regulations for the purposes of section 19, he shall be treated as a person designated for that purpose under regulation 3.

(4) Subject to paragraph (5), a judge advocate shall not give a direction under section 20(4) without first affording—

(a) the responsible person,

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

(c) his parents,

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

(e) any other person with whom he was residing immediately before the making of the application,

an opportunity to make representations to him.

(5) A judge advocate shall not be required to afford such an opportunity to a person in respect of whom it appears to the judge advocate that—

(a) it would be undesirable to do so in the interests of the child, or

(b) it would be impracticable, or would cause unnecessary delay, to communicate with that person.

(6) If, in accordance with paragraphs (4) and (5), a person shall be afforded the opportunity to make representations, he shall be entitled—

(a) to attend any hearing which is held for the purposes of determining whether any direction should be given; and

(b) to be represented at any such hearing.

(7) Where—

(a) before the date on which these Regulations come into force, the officer having jurisdiction has decided, in relation to an application for a protection order, whether to make such an order,

(b) he has not, before that date, complied with regulation 7(b) of the 1996 Regulations, and

(c) on that date, any protection order he has made in respect of that application remains in effect,

he shall ensure that notice is given in writing of his decision and the reasons for it to the applicant and to the persons mentioned in section 19(4).

Applications for the variation or revocation of directions in protection orders

16.—(1) Where, before the coming into force of these Regulations—

(a) an application for the variation or revocation of a direction given under section 20(4) has been made in accordance with regulation 8(2) of the 1996 Regulations, and

(b) it has not been decided whether to vary or revoke the direction,

subject to paragraphs (2) and (3), the application is to be treated as an application to which regulation 7(1)(a) applies and which has been made in accordance with regulation 7(3).

(2) The applicant shall provide the court administration officer with a copy of the application.

(3) Any person having the right under regulation 7(4) to make representations shall be entitled—

(a) to attend any hearing which is held for the purposes of determining whether any direction should be varied or revoked; and

(b) to be represented at any such hearing.

(4) Where —

(a) before the date on which these Regulations come into force, the officer having jurisdiction has varied or revoked a direction given under section 20(4),

(b) he has not, before that date, complied with regulation 8(6) of the 1996 Regulations, and

(c) in a case where he has varied the direction, it remains in effect on that date,

he shall, as soon as is reasonably practicable, give notice in writing of the revocation or, as the case may be, the variation to the persons mentioned in regulation 15(4).

Review of protection orders

17.—(1) Where —

(a) before the date on which these Regulations come into force, an officer has carried out a review of a protection order,

(b) he has not, before that date, complied with regulations 9(4) of the 1996 Regulations, and

(c) on that date, the protection order in relation to which he carried out the review remains in effect,

he shall ensure that he communicates in writing the reasons for any decision he reached on carrying out the review to the persons mentioned in regulation 15(4).

(2) Where—

(a) on carrying out a review which falls within paragraph (1)(a), the officer has given a direction under section 20(4) of the Act, or has varied or revoked any direction previously given under that subsection,

(b) he has not, before the date on which these Regulations came into force, complied with regulation 9(5) of the 1996 Regulations, and

(c) on that date, the protection order in relation to which he has carried out the review remains in effect,

he shall make a record of the direction, variation or revocation (as the case may be) on the original order, and a copy of the order as so amended shall be sent to the persons mentioned in regulation 15(4).