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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Appeals

113.—(1) A person aggrieved by—

(a)a requirement imposed under Article 111;

(b)a refusal to consent under Article 109;

(c)a prohibition imposed under Article 110;

(d)a refusal to cancel such a prohibition;

(e)a refusal to make an exemption under paragraph 4 of Schedule 5;

(f)a condition imposed in such an exemption; or

(g)a variation or cancellation of such an exemption or condition,

may appeal to the court.

(2) The appeal must be made within 14 days from the date on which the person appealing is notified of the requirement, refusal, prohibition, condition, variation or cancellation.

(3) Where the appeal is against—

(a)a requirement imposed under Article 111;

(b)a condition of an exemption imposed under paragraph 4 of Schedule 5; or

(c)a variation or cancellation of such an exemption or condition,

the requirement, condition, variation or cancellation shall not have effect while the appeal is pending.

(4) Where it allows an appeal against a requirement or prohibition, the court may, instead of cancelling the requirement or prohibition—

(a)vary the requirement, or allow more time for compliance with it; or

(b)if an absolute prohibition has been imposed, substitute for it a prohibition on using the premises after such time as the court may specify unless such specified requirements as the authority had power to impose under Article 111 are complied with.

(5) Any requirement or prohibition specified or substituted by a court under this Article shall be deemed for the purposes of this Part (other than this Article) to have been imposed by the authority under Article 111 or (as the case may be) Article 110.

(6) Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption or condition, the court may—

(a)make an exemption;

(b)impose a condition; or

(c)vary the exemption or condition.

(7) Any exemption made or varied under paragraph (6), or any condition imposed or varied under that paragraph, shall be deemed for the purposes of Schedule 5 (but not for the purposes of this Article) to have been made, varied or imposed under that Schedule.

(8) Nothing in paragraph (1)(e) to (g) confers any right of appeal on—

(a)a person who is, or would be if exempted under Schedule 5, an authority foster parent; or

(b)a person who is, or would be if so exempted, a person with whom a child is placed by a voluntary organisation.

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