The Children (Northern Ireland) Order 1995

Duration of emergency protection orders and other supplementary provisions N.I.

64.—(1) An emergency protection order shall have effect for such period, not exceeding eight days, as may be specified in the order.

(2) Where an emergency protection order is made with respect to a child who is being kept in police protection under Article 65, the period of eight days mentioned in paragraph (1) shall begin with the first day on which he was taken into police protection under that Article.

(3) Any person who—

(a) has parental responsibility for a child as the result of an emergency protection order; and

(b) is entitled to apply for a care order with respect to the child,

may apply to the court for the period during which the emergency protection order is to have effect to be extended.

(4) On an application under paragraph (3) the court may extend the period during which the order is to have effect by such period, not exceeding seven days, as it thinks fit, but may do so only if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended.

(5) An emergency protection order may only be extended once.

(6) Regardless of any statutory provision or rule of law which would otherwise prevent it from doing so, a court hearing an application for, or with respect to, an emergency protection order may take account of—

(a) any statement contained in any report made to the court in the course of, or in connection with, the hearing; or

(b) any evidence given during the hearing,

which is, in the opinion of the court, relevant to the application.

(7) Any of the following may apply to the court for an emergency protection order to be discharged—

(a) the child;

(b) a parent of his;

(c) any person who is not a parent of his but who has parental responsibility for him; or

(d) any person with whom he was living immediately before the making of the order.

[F1 (7A) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an emergency protection order may be varied or discharged by the court in so far as it imposes the exclusion requirement.]

(8) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) No appeal may be made against—

(a) the making of, or refusal to make, an emergency protection order;

(b) the extension of, or refusal to extend, the period during which such an order is to have effect;

(c) the discharge of, or refusal to discharge, such an order; or

(d) the giving of, or refusal to give, any direction in connection with such an order.

(10) Paragraph (7) does not apply—

(a) where the person who would otherwise be entitled to apply for the emergency protection order to be discharged—

(i) was given notice (in accordance with rules of court) of the hearing at which the order was made; and

(ii) was present at that hearing; or

(b) to any emergency protection order the effective period of which has been extended under paragraph (4).

(11) A court making an emergency protection order may direct that the applicant may, in exercising any powers which he has by virtue of the order, be accompanied by a medical practitioner, registered nurse or registered health visitor, if he so chooses.

(12) An emergency protection order may, notwithstanding section 7 of the Sunday Observance Act (Ireland) 1695F3 , be served and executed on a Sunday.

F1 1998 NI 6

F2 Art. 64(8) repealed (14.12.2007) by Children (Emergency Protection Orders) Act (Northern Ireland) 2007 (c. 3), ss. 1, 2(2)

F3 1695 c. 17 (I)