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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

Police assistance in exercise of powers of search and inspection

178.—(1) Where, on an application made by any person for a warrant under this Article, it appears to the court—

(a)that a person attempting to exercise powers under any provision specified in paragraph (6) has been prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned; or

(b)that any such person is likely to be so prevented from exercising any such powers,

it may issue a warrant authorising any constable to assist that person in the exercise of those powers, using reasonable force if necessary.

(2) Every warrant issued under this Article shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—

(a)that person so desires; and

(b)the court by whom the warrant is issued does not direct otherwise.

(3) A court granting an application for a warrant under this Article may direct that the constable concerned may, in executing the warrant, be accompanied by a medical practitioner, registered nurse or registered health visitor if he so chooses.

(4) An application for a warrant under this Article shall be made in the manner and form prescribed by rules of court.

(5) Where—

(a)an application for a warrant under this Article relates to a particular child; and

(b)it is reasonably practicable to do so,

the application and any warrant granted on the application shall name the child; and where it does not name him it shall describe him as clearly as possible.

(6) The provisions referred to in paragraph (1) are—

(a)Articles 77, 93, 108, 130, 149, 175 and 176;

(b)paragraph 7(1)(b) or (2)(b) of Schedule 3;

(c)Article 34 of the Adoption Order (duty to secure that protected children are visited).

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