Magistrates' Courts (Children (Northern Ireland) Order 1995) (Amendment) Rules (Northern Ireland) 1999

Amendments consequential to the Family Homes and Domestic Violence (Northern Ireland) Order 1998(1)

5.  After rule 25, there shall be inserted the following new rule—

“Exclusion requirements: interim care orders and emergency protection orders

25A.— (1) This rule applies where the court includes an exclusion requirement in an interim care order or an emergency protection order.

(2) The applicant shall—

(a) prepare a separate statement of the evidence in support of the inclusion of an exclusion requirement;

(b) serve the statement on the relevant person with a copy of the order containing the exclusion requirement;

(c) inform the relevant person of his right to apply to vary or discharge the exclusion requirement.

(3) The relevant person shall serve the parties to the proceedings with any application which he makes for the variation or discharge of the exclusion requirement.

(4) Where an exclusion requirement ceases to have effect whether—

(a) as a result of the removal of a child under Article 57A(6) or Article 63A(6),

(b) because of the discharge of the interim care order or emergency protection order, or

(c) otherwise,

the applicant shall inform—

(i) the relevant person,

(ii) the parties to the proceedings; and

(iii) (where necessary) the court.

(5) Where the court includes an exclusion requirement in an interim care order or an emergency protection order of its own motion, paragraph (2) shall apply with the omission of any reference to the statement of the evidence.

(6) In this rule—

“the applicant” means the person who initiated the proceedings in which the interim care order or the emergency protection order is made;

“exclusion requirement” means one or more of the provisions referred to in Article 57A(3) or, as the case may be, Article 63A(3); and

“relevant person” has the same meaning as in Article 57A(2)(a) or, as the case may be, Article 63A(2)(a).”.

(1)

S.I. 1998/1071 (N.I. 6)