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Children Act 1989

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This is the original version (as it was originally enacted).

52Rules and regulations

(1)Without prejudice to section 93 or any other power to make such rules, rules of court may be made with respect to the procedure to be followed in connection with proceedings under this Part.

(2)The rules may, in particular make provision—

(a)as to the form in which any application is to be made or direction is to be given;

(b)prescribing the persons who are to be notified of—

(i)the making, or extension, of an emergency protection order; or

(ii)the making of an application under section 45(4) or (8) or 46(7); and

(c)as to the content of any such notification and the manner in which, and person by whom, it is to be given.

(3)The Secretary of State may by regulations provide that, where—

(a)an emergency protection order has been made with respect to a child;

(b)the applicant for the order was not the local authority within whose area the child is ordinarily resident; and

(c)that local authority are of the opinion that it would be in the child’s best interests for the applicant’s responsibilities under the order to be transferred to them,

that authority shall (subject to their having complied with any requirements imposed by the regulations) be treated, for the purposes of this Act, as though they and not the original applicant had applied for, and been granted, the order.

(4)Regulations made under subsection (3) may, in particular, make provision as to—

(a)the considerations to which the local authority shall have regard in forming an opinion as mentioned in subsection (3)(c); and

(b)the time at which responsibility under any emergency protection order is to be treated as having been transferred to a local authority.

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