Section 22 Review and discharge of protection orders.

United Kingdom

(1)

Subsections (2) to (4) below apply in relation to a protection order in any case where—

(a)

the order as originally made has effect for a period exceeding eight days; or

(b)

by an extension order the effect of the protection order is continued for a period exceeding seven days beginning with the date of the extension order.

(2)

If, during the period of six days beginning with the date of the protection order or during any other period of six days while the protection order continues to have effect,—

(a)

no extension order is made continuing the effect of the protection order, and

(b)

no review of the protection order is carried out in accordance with subsection (4) below,

then, subject to subsection (3) below, on the day immediately following the end of that six-day period a F1judge advocate shall carry out a review of the protection order in accordance with subsection (4) below.

(3)

Subsection (2) above does not require a review of a protection order to be carried out on the day following any six-day period if—

(a)

the order ceases to have effect at the end of that period or on that following day; or

(b)

on that following day an extension order is made continuing the effect of the protection order.

(4)

A F2judge advocate carrying out a review of a protection order shall F3consider whether, if the order were discharged and—

(a)

(where the power under section 20(2)(b)(i) has been exercised) if the child were returned by the responsible person, or

(b)

(where the power under section 20(2)(b)(ii) has been exercised) if the child were allowed to be removed from the place in which he was being accommodated immediately before the making of the order,

any of the conditions in paragraphs (a) to (c) of subsection (3) of section 19 above would be satisfied; and if in his opinion none of those conditions would be satisfied he shall discharge the order.

(5)

Without prejudice to the possibility of the discharge of a protection order on a review under the preceding provisions of this section, if an application is made by—

(a)

the responsible person,

(b)

the child to whom the order relates,

(c)

a parent of his,

(d)

any other person who has parental responsibility for him, or

(e)

any other person with whom he was residing immediately before the making of the application for the order,

then, in such circumstances and subject to such conditions as may be prescribed by regulations, F4a judge advocate may discharge the order.

F5(5A)

On the application of the person to whom an exclusion requirement contained in a protection order relates, a judge advocate may, in such circumstances and subject to such conditions as may be prescribed by regulations, vary the exclusion requirement or discharge the order so far as it imposes the exclusion requirement.

(6)

Regulations may make provision as to the procedure to be followed on a review of a protection order (including provision as to the making of representations by any persons).

(7)

Without prejudice to the power to vary or revoke any direction previously given under subsection (4) of section 20 above, if, on carrying out a review of a protection order or on an application under subsection (5) above, the F6judge advocate dealing with the matter does not discharge the order, he may exercise the power to give directions under subsection (4) of section 20 above and subsection (11) of that section shall have effect accordingly.

Annotations

Textual amendments

F1: Words in s. 22(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 7(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2: Words in s. 22(4) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 7(3)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F3: Words in s. 22(4) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 7(3)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F4: Words in s. 22(5) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 7(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F5: S. 22(5A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 7(5); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F6: Words in s. 22(7) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 7(6); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4