Armed Forces Act 1991

17 Power to make service family child assessment orders. U.K.

F1 [(1) The power to make an order under this section (in this Part of this Act referred to as an “assessment order ”) is exercisable only with respect to a child who—

(a) resides outside the British Islands with the family of a person subject to service law serving in a country or territory outside the British Islands or of a [F2 civilian subject to service discipline], or

(b) is staying (for however short a time) outside the British Islands with such a family.

(2) In the following provisions of this section and in section 18 of this Act, any reference to a person with whom a child was at any time residing includes a reference to a person with whom a child was staying.]

(3) On an application made with respect to a child by a person authorised in that behalf by regulations, [F3 a judge advocate] may make an assessment order with respect to the child if, but only if, he is satisfied that—

(a) the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;

(b) an assessment of the state of the child’s health or development or of the way in which he has been treated is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and

(c) it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an assessment order.

(4) A person making an application for an assessment order with respect to a child shall take such steps as are reasonably practicable to ensure that, before the application is considered, notice of the application is given to—

(a) the child;

(b) his parents;

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

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

[F4 (da) any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;]

[F5 (db) any person in whose favour an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) is in force with respect to the child;]

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

(f) any person who is allowed to have contact with the child by virtue of an order [F6 —

(i)]

under section 34 of the M1 Children Act 1989 [F7 or Article 53 of the Children (Northern Ireland) Order 1995][F8 ; or.

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

(5) An assessment order shall not be made with respect to any child if [F9 the judge advocate] to whom the application is made is satisfied—

(a) that there are grounds for making a protection order with respect to the child; and

(b) that he ought to make such an order rather than an assessment order;

and [F10 a judge advocate] to whom an application for an assessment order is made may treat the application as an application for a protection order.

(6) Regulations may make provision with respect to the procedure to be followed on and in connection with the making of an assessment order.

Textual Amendments

F1 S. 17(1)(2) substituted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 57; S.I. 2001/3234, art. 2

F2 Words in s. 17(1)(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. 1(2); 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. 17(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. 1(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4 S. 17(4)(da) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 54; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F5 S. 17(4)(db) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(8), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F6 Hyphen and sub-para. (i) inserted (1.4.1997) in s. 17(4)(f) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(2)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F7 Words in s. 17(4)(f) inserted (4.11.1996) by S.I. 1996/756, art. 14(2), S.R. 1996/297, art. 3

F8 Semicolon, word and sub-para. (ii) inserted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 54(2)(b) (with s. 103(1); S.I. 1996/3201, art. 3(7)

F9 Words in s. 17(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. 1(4)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F10 Words in s. 17(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. 1(4)(b); 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.