Section 5 of the 1986 Act: staying of proceedings
This section has no associated Explanatory Memorandum
73.—(1) Where under section 5(2) of the 1986 Act(1) a magistrates’ court stays proceedings on an application for a Part 1 order, notice of the stay must be given to the parties to the proceedings.
(2) Where under section 5(3) of the 1986 Act(2) a magistrates’ court removes a stay granted in accordance with section 5(2) of the 1986 Act—
(a)notice of the removal of the stay must be given to the parties to the proceedings; and
(b)the court must proceed to deal with the application accordingly.
(1)
Section 5(2) was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989 and by S.I. 2001/310, 2005/265 and 2010/1898.
(2)
Section 5(3) was amended by S.I. 2005/265.