The Armed Forces (Protection of Children of Service Families) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations contain provisions which supplement Part III of the Armed Forces Act 1991 (“the 1991 Act”). Part III of the 1991 Act enables the making of assessment orders and protection orders for the purpose of protecting children of service families.

Under Part III of the 1991 Act it is the function of the officer having jurisdiction to determine whether or not an assessment order or a protection order should be made in respect of a child. Regulation 2 provides for a person’s commanding officer to be the officer having jurisdiction, unless a person applying for a protection order states in his application that the order is required to have effect for a period longer than eight days, in which case the officer having jurisdiction is the officer immediately superior in command to the commanding officer. Regulation 3 makes provision as to who is a superior officer for the purposes of sections 21 and 22 of the 1991 Act (which relate to the making, review and discharge of protection orders). A superior officer for these purposes is any officer who is superior in command to the commanding officer of the person concerned. Regulation 4 specifies who may apply for an assessment order under section 17 of the 1991 Act, and which persons are designated persons for the purposes of section 19(3) of that Act.

Regulation 5 provides for the procedure to be followed in connection with the making of an assessment order. It specifies the manner in which an application for such an order is to be made. It also provides for the persons referred to in section 17(4) to have the right to make representations (including oral representations) to the officer having jurisdiction, and specifies the manner in which they are to be notified of any hearing. Regulation 6 makes provision as to the circumstances in which, and the conditions subject to which, an assessment order may be varied or discharged.

Regulation 7 specifies the procedure on the making of a protection order. Regulation 8 contains provisions relating to the making, variation and revocation of directions included in a protection order. Regulation 9 provides for the procedure to be followed in connection with a review of a protection order under section 22 of the 1991 Act, and includes the requirement that certain specified persons be allowed to make representations to the person carrying out the review. Regulation 10 specifies the circumstances in which, and the conditions subject to which, a protection order may be discharged. A protection order may not be discharged until the expiry of a period of 72 hours from the making of the protection order; or, where an extension order has been made under section 21(2) of the 1991 Act or where a review has been carried out under section 22 of that Act, until the expiry of the period of 72 hours from the making of the extension order or the completion of the review.