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 [F1 judge advocate] 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 [F2 judge advocate] 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;

[F3 (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;]

[F4 (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; or

(f) any person who is allowed to have contact with the child by virtue of an order [F5 —

(i)] under section 34 of the M1 Children Act 1989 [F6 or Article 53 of the Children (Northern Ireland) Order 1995] [F7 ; or

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

(8) A person subject to service law [F8 , or a civilian subject to service discipline, commits an offence if he] intentionally obstructs any person exercising a power conferred F9 ... by virtue of the making of an assessment order F10 ...M2 .

[F11 (8A) A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to [F12 14] of the Table in section 164 of the Armed Forces Act 2006.

(8B) For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to [F13 14] were to rows 2 to [F14 9].

(8C) For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to [F15 14] were to rows 5 to [F16 12].]

F17 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 Words in s. 18(2)(b) 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. 2(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. 18(6) 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. 2(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3 S. 18(7)(da) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 55; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F4 S. 18(7)(db) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(9), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F5 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)

F6 Words in s. 18(7)(f) added (4.11.1996) by S.I. 1996/756, art. 14(3); S.R. 1996/297, art. 3

F7 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)

F8 Words in s. 18(8) 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. 2(4)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F9 Words in s. 18(8) repealed (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. 2(4)(b), Sch. 17; 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. 18(8) repealed (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. 2(4)(c), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F11 S. 18(8A)-(8C) inserted (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. 2(5); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F12 Word in s. 18(8A) substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 2(a); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F13 Word in s. 18(8B) substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 2(b)(i); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F14 Word in s. 18(8B) substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 2(b)(ii); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F15 Word in s. 18(8C) substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 2(c)(i); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F16 Word in s. 18(8C) substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 2(c)(ii); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F17 S. 18(9) repealed (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. 2(6), Sch. 17; 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.

M2 1955 c. 19.