The Armed Forces (Protection of Children of Service Families) Regulations 2009

Discharge of protection orders

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

(a) where an extension order under section 21(2) 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, the completion of the review; or

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

(2) An application for the discharge of a protection order shall be made in writing and shall specify the grounds on which it is made.

(3) Subject to paragraph (4), a judge advocate shall not discharge a protection order without first affording the persons listed in regulation 7(4) an opportunity to make representations to him.

(4) The judge advocate shall not be under a duty to afford a person referred to in paragraph (3) an opportunity to make representations to him, where it appears to the judge advocate that—

(a) in the interests of the child it would be undesirable to do so, or

(b) it would be impracticable, or would cause unnecessary delay, to communicate with that person,

except that the judge advocate shall always afford the responsible person such an opportunity.

(5) Where a judge advocate discharges a protection order, he shall ensure that notice is given in writing of that decision, and the reasons for it, to the persons listed in regulation 7(4).