The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 1997

Citation, commencement and interpretation

4.  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 for an interim care order or emergency protection order shall

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

(b) serve the statement personally on the relevant person with a copy of the order containing the exclusion requirement (and of any power of arrest which is attached to it);

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

(3) Where a power of arrest is attached to an exclusion requirement in an interim care order or an emergency protection order, a copy of the order shall be delivered to the officer for the time being in charge of the police station for the area in which the dwelling-house in which the child lives is situated (or of such other station as the court may specify) together with a statement that the relevant person has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise).

(4) Rules 12A(3), 20 (except paragraphs (1) and (3)) and 21 of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991(1) shall apply, with the necessary modifications, for the service, variation, discharge and enforcement of any exclusion requirement to which a power of arrest is attached as they apply to an order made on an application under Part IV of the Family Law Act 1996.

(5) 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.

(6) Where an exclusion requirement ceases to have effect whether–

(a) as a result of the removal of a child under section 38A(10) or 44A(10),

(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,

(iii) any officer to whom a copy of the order was delivered under paragraph (3), and

(iv) (where necessary) the court.

(7) 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.”.

(1)

Rules 20 and 21 of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 were amended by S.I. 1997/1894.