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The Representations Procedure (Children) Regulations (Northern Ireland) 1996

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Preliminaries

3.—(1) Where an authority receives representations from any complainant, except from a person to whom Article 45(3)(e) of the Order may apply, the authority shall send to the complainant an explanation of the procedure set out in these Regulations, and offer assistance and guidance on the use of the procedure, or give advice on where he may obtain it.

(2) Where oral representations are made, an authority shall forthwith cause them to be recorded in writing, and sent to the complainant, who shall be given the opportunity to comment on the accuracy of the record.

(3) An authority shall consider any comments made by the complainant under paragraph (2) and shall make any amendments to the record which it considers to be necessary.

(4) For the purposes of the following provisions of these Regulations, the written record referred to in paragraph (2), as amended where appropriate in accordance with paragraph (3), shall be deemed to be the representations.

(5) Where an authority receives representations from a person to whom it considers Article 45(3)(e) of the Order may apply, the authority shall—

(a)forthwith consider whether the person has a sufficient interest in the child’s welfare to warrant his representations being considered by the authority;

(b)if the authority considers that he has a sufficient interest, cause the representations to be dealt with in accordance with the provisions of these Regulations, and send to the complainant an explanation of the procedure set out in the Regulations, and offer assistance and guidance on the use of the procedure, or give advice on where he may obtain it;

(c)if the authority considers that he has not got a sufficient interest it shall notify him accordingly, and inform him that no further action will be taken;

(d)if the authority considers it appropriate to do so having regard to his understanding, it shall notify the child of the result of its consideration.

(6) Where paragraph (5)(b) applies, the date at which the authority concludes that the person has a sufficient interest shall be treated for the purposes of these Regulations as the date of receipt of the representations.

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