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

Further provision as to protection orders

7.—(1) This regulation applies to—

(a) the variation or revocation of a direction given under section 20(4);

(b) the variation under section 22(5A) of an exclusion requirement included in a protection order; and

(c) the discharge under section 22(5A) of a protection order so far as it imposes an exclusion requirement.

(2) A judge advocate may, on the application of any person, vary or revoke a direction given under section 20(4).

(3) An application for a variation, revocation or discharge referred to in paragraph (1) shall be made in writing and specify the grounds on which it is made.

(4) A judge advocate shall not make a variation, revocation or discharge referred to in paragraph (1) 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, except where it appears to the judge advocate that in the interests of the child it would be undesirable to do so, or that it would be impracticable, or would cause any unnecessary delay, to communicate with any of those persons.

(5) Where on an application under this regulation a judge advocate varies or revokes a direction given under section 20(4), he shall make a record on the original order accordingly, and he shall ensure that—

(a) a copy of the order as amended by the variation or revocation, and

(b) notice in writing of the decision and the reasons for it,

are sent to the persons listed in paragraph (4).

(6) Where a judge advocate varies an exclusion requirement included in a protection order or discharges a protection order so far as it imposes an exclusion requirement, he shall make a record on the original order accordingly, and he shall ensure that—

(a) a copy of the order as amended or discharged, and

(b) notice in writing of the decision and the reasons for it,

are sent to the persons listed in paragraph (4) and to the person to whom the exclusion order relates.