OpenLegislation

Rule 6 Application on behalf of child

Original text. Later amendments are not shown.

(1)

In making an appointment of a person as an appropriate adult for a child under section 7(1) of the Measure on an application for redress under section 3 or on an appeal under section 15, the redress body is entitled to rely solely on a certificate given in writing by that person—

(a)

which states that the person—

(i)

can fairly and competently make and proceed with the application or bring the appeal,

(ii)

has no interests adverse to those of the child, and

(iii)

has no interests adverse to those of the redress body, and

(b)

which is verified by a statement of truth made by the person.

(2)

But an appointment under paragraph (1) does not take effect unless and until the appeal authority, having had the certificate under paragraph (1) referred to it by the redress body, is satisfied—

(a)

that the person to whom it relates meets the conditions in paragraph (1)(a), and

(b)

that the statement of truth is valid.

(3)

A person appointed as an appropriate adult must, when making an application for redress under section 3 of the Measure or an appeal under section 15, certify in writing that the person meets the conditions in paragraph (1)(a); and the certificate must be verified by a statement of truth made by the appointed person.

(4)

For the purposes of section 7(2)(b) of the Measure, a decision by the redress body that it is not feasible to appoint an appropriate adult may be made only if a period of at least six months has elapsed since the redress body began the process of identifying a person whom it would be feasible to appoint.

(5)

A certificate under paragraph (3) is to be treated for the purposes of the application or appeal to which the certificate relates as conclusive evidence of the matters stated in it.

(6)

A certificate under paragraph (1) or (3) must be in such form as the Archbishops’ Council or the redress body may specify or in a substantially similar form.