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

Applications for assessment orders

13.—(1) Where, before the coming into force of these Regulations—

(a) an application for an assessment order has been made in accordance with regulation 5(1) of the 1996 Regulations by a person authorised by those Regulations to make it, and

(b) it has not been decided whether to make an assessment order,

the application is to be treated, subject to paragraphs (2) to (5), as if it were an application made in accordance with regulation 4(1) by a person authorised under regulation 3 to make it.

(2) The applicant shall provide the court administration officer with a copy of the application.

(3) Where an officer has complied with regulation 5(2) of the 1996 Regulations and no hearing of the application under those Regulations has begun before the coming into force of these Regulations—

(a) regulation 4(2) shall not apply;

(b) the court administration officer shall—

(i) set a date, time and place for a hearing of the application by a judge advocate, allowing reasonable time for the applicant to comply with the requirements of sub-paragraph (c);

(ii) give the applicant notice in writing of the date, time and place set, allowing reasonable time for the applicant to comply with the requirements of sub-paragraph (c); and

(c) the applicant shall take such steps as are reasonably practicable to give the persons listed in section 17(4) not less than seven clear days’ notice in writing of the date, time and place set for the hearing.

(4) Any person whose representations shall under regulation 4(4) be considered shall be entitled—

(a) to attend the hearing of the application; and

(b) to be represented at the hearing.

(5) Where the hearing of an application for an assessment order has begun but has not been concluded before the coming into force of these Regulations, regulation 4 shall apply as if receipt by the court administration officer of a copy of the application provided in accordance with paragraph (2) were receipt of an application under regulation 4(1).

(6) Where—

(a) before the date on which these Regulations come into force, the officer having jurisdiction has decided, in relation to an application for an assessment order, whether to make such an order,

(b) he has not, before that date, complied with regulation 5(9)(b) of the 1996 Regulations, and

(c) on that date, any assessment order he has made in respect of that application remains in effect,

he shall ensure that notice is given in writing of his decision and the reasons for it, and a copy of the assessment order if he has made one, to the applicant and to the persons who have been given notice of the application in accordance with section 17(4).