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

Variation and discharge of assessment orders

5.—(1) An application for the variation or discharge of an assessment order shall be made in writing and shall specify the grounds on which it is made.

(2) A judge advocate shall not vary or discharge an assessment order without first affording an opportunity to make representations to him to such of those persons listed in paragraph (3) as he decides should be afforded that opportunity.

(3) The persons referred to in paragraph (2) are—

(a) the person who applied for the order;

(b) the child to whom the order relates;

(c) his parents;

(d) any other person who has parental responsibility for him;

(e) any other person caring for the child or with whom the child was residing immediately before the making of the application;

(f) any person in whose favour a contact order is in force with respect to the child; and

(g) any person who is allowed to have contact with the child by virtue of an order—

(i) under section 34 of the Children Act 1989(1) or article 53 of the Children (Northern Ireland) Order 1995(2); or

(ii) under section 88 of the Children (Scotland) Act 1995(3).

(4) Where a judge advocate varies or discharges an assessment order, 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 amended it, to the applicant and to those persons to whom he afforded an opportunity to make representations under paragraph (2).

(1)

1989 c. 41

(2)

S.I. 1995/755 (NI 2)

(3)

1995 c. 36