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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Appeals

131.—(1) Not less than 14 days before—

(a)refusing an application for registration under Article 118;

(b)cancelling any such registration;

(c)refusing consent under Article 122;

(d)imposing, removing or varying any requirement under Article 125 or 126; or

(e)refusing to grant any application for the variation or removal of any such requirement,

an authority shall send to the applicant, or (as the case may be) registered person, notice in writing of the authority’s intention to take the step in question (“the step”).

(2) Every such notice shall—

(a)give the authority’s reasons for proposing to take the step; and

(b)inform the person concerned of his rights under this Article.

(3) Where the recipient of such a notice informs the authority in writing of his desire to object to the step being taken, the authority shall afford him an opportunity to do so.

(4) Any objection made under paragraph (3) may be made in person or by a representative.

(5) If the authority, after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it the authority shall send him written notice of its decision.

(6) A person aggrieved by the taking of any step mentioned in paragraph (1) may appeal against it to the court.

(7) Where the court imposes or varies any requirement under paragraph (8) or (9) the requirement, or the requirement as varied, shall be treated for all purposes (other than this Article) as if it had been imposed by the authority.

(8) Where the court allows an appeal against the refusal or cancellation of any registration under Article 118 it may impose requirements under Article 125 or (as the case may be) 126.

(9) Where the court allows an appeal against such a requirement it may, instead of cancelling the requirement, vary it.

(10) A step of a kind mentioned in paragraph (1)(b) or (d) shall not take effect until the expiry of the time within which an appeal may be brought under this Article or, where such an appeal is brought, before its determination.

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