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

Discharge of protection orders

10.—(1) A protection order may not be discharged under section 22(5) of the Act until the expiry of the period of seventy two hours beginning with—

(a) where an extension order under section 21(2) of the Act has effect in relation to the protection order, the making of the extension order;

(b) where a review of the protection order has been carried out in accordance with section 22 of the Act, the completion of the review; or

(c) in any other case, the making of the protection order.

(2) Subject to paragraph (3) below, a protection order may not be discharged under section 22(5) of the Act without affording the persons mentioned in that subsection an opportunity to make representations (including oral representations) to the officer having jurisdiction.

(3) Paragraph (2) above shall not oblige the officer having jurisdiction to afford any person the opportunity of making representations, where it appears to him that it would be undesirable to do so in the interests of the child, or that it would be impracticable, or would cause unnecessary delay, to communicate with that person; save that, where it appears to the officer having jurisdiction that the order should be discharged, he shall in all cases afford the responsible person an opportunity to make representations before discharging the order.