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Children Act 1989

Status:

This is the original version (as it was originally enacted).

Right to make representations

3(1)A notice under paragraph 2 shall state that within 14 days of service of the notice any person on whom it is served may (in writing) require the Secretary of State to give him an opportunity to make representations to the Secretary of State concerning the matter.

(2)Where a notice has been served under paragraph 2, the Secretary of State shall not determine the matter until either—

(a)any person on whom the notice was served has made representations to him concerning the matter; or

(b)the period during which any such person could have required the Secretary of State to give him an opportunity to make representations has elapsed without the Secretary of State being required to give such an opportunity; or

(c)the conditions specified in sub-paragraph (3) are satisfied.

(3)The conditions are that—

(a)a person on whom the notice was served has required the Secretary of State to give him an opportunity to make representations to the Secretary of State;

(b)the Secretary of State has allowed him a reasonable period to make his representations; and

(c)he has failed to make them within that period.

(4)The representations may be made, at the option of the person making them, either in writing or orally.

(5)If he informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give him an opportunity of appearing before, and of being heard by, a person appointed by the Secretary of State.

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