The Magistrates’ Courts (Enforcement of Children Act 1989 Contact Orders) Rules 2008

Modification of the 1991 Rules

23.  In Schedule 2—

(a) in the row beginning “Section 4(1)(c)”, in column (i), after “Schedule 14” insert “or, where rule 4A(4) applies, section 8(2)(a) of the Act of 2006”;

(b) after the row beginning “Section 4(1)(c)”, insert—

“Section 11J or 11O

14 days

Only the person whom the applicant alleges has failed to comply with the contact order

Any officer of the service or Welsh family proceedings officer exercising a duty conferred on him by section 11H(2) (monitoring compliance with a contact order) Where the child was a party to the proceedings in which the contact order was made- (a) the person who was the children’s guardian, guardian ad litem or next friend of the child in those proceedings; or (b) where there was no children’s guardian, guardian ad litem or next friend, the person who was the legal representative of the child in those proceedings”

; and

(c) after the row beginning “Section 25”, insert—

“Paragraph 4 of Schedule A1	14 days	Only— (a) the person who was the applicant for the enforcement order, and (b) where the child was a party to the proceedings in which the enforcement order was made, the child	Any officer of the service or Welsh family proceedings officer exercising a duty conferred on him by section 11M(1) (monitoring compliance with an enforcement order) and the responsible officer (as defined in section 197 of the Criminal Justice Act 2003(1) as modified by Schedule A1)
Where rule 4B applies, paragraph 5 of Schedule A1. Paragraphs 6 and 7 of Schedule A1	14 days	Only the person who was the applicant for the enforcement order	Any officer of the service or Welsh family proceedings officer exercising a duty conferred on him by section 11M(1) (monitoring compliance with an enforcement order) and the responsible officer (as defined in section 197 of the Criminal Justice Act 2003 as modified by Schedule A1)
Paragraph 9 of Schedule A1	14 days	Only the person whom the applicant alleges has failed to comply with the unpaid work requirement imposed by an enforcement order, and where the child was a party to the proceedings in which the enforcement order was made, the child	Any officer of the service or Welsh family proceedings officer exercising a duty conferred on him by section 11M(1) (monitoring compliance with an enforcement order) and the responsible officer (as defined in section 197 of the Criminal Justice Act 2003 as modified by Schedule A1)”

(1)

2003 c.44. Section 197 is amended by S.I. 2005/886 and 2008/912 and by sections 6(2) and 149 of and paragraphs 71 and 83 of Schedule 4, and Schedule 28, to the Criminal Justice and Immigration Act 2008 (c.4). Section 197 is modified by paragraphs 1, 2 and 3(1) of Schedule A1 to the Children Act 1989.