The Emergency Protection Order (Transfer of Responsibilities) Regulations 1991

Made: 19th June 1991

Laid before Parliament: 26th June 1991

Coming into force: 14th October 1991

The Secretary of State for Health, in exercise of the powers conferred by section 52(3) and (4) and section 104(4) of the Children Act 1989[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations:–

Citation and commencement

1

These Regulations may be cited as the Emergency Protection Order (Transfer of Responsibilities) Regulations 1991 and shall come into force on 14th October 1991.

Transfer of responsibilities under emergency protection orders

2

Subject to regulation 5 of these Regulations, where–

• (a) an emergency protection order has been made with respect to a child;

• (b) the applicant for the order was not the local authority within whose area the child is ordinarily resident; and

• (c) that local authority are of the opinion that it would be in the child’s best interests for the applicant’s responsibilities under the order to be transferred to them,

that authority shall (subject to their having complied with the requirements imposed by regulation 3(1) of these Regulations) be treated, for the purposes of the Children Act 1989, as though they and not the original applicant had applied for, and been granted, the order.

Requirements to be complied with by local authorities

3

–

• (1) In forming their opinion under regulation 2(c) of these Regulations the local authority shall consult the applicant for the emergency protection order and have regard to the following considerations–

• (a) the ascertainable wishes and feelings of the child having regard to his age and understanding;

• (b) the child’s physical, emotional and educational needs for the duration of the emergency protection order;

• (c) the likely effect on him of any change in his circumstances which may be caused by a transfer of responsibilities under the order;

• (d) his age, sex, family background;

• (e) the circumstances which gave rise to the application for the emergency protection order;

• (f) any directions of a court and other orders made in respect of the child;

• (g) the relationship (if any) of the applicant for the emergency protection order to the child, and

• (h) any plans which the applicant may have in respect of the child.

• (2) The local authority shall give notice, as soon as possible after they form the opinion referred to in regulation 2(c), of the date and time of the transfer to–

• (a) the court which made the emergency protection order,

• (b) the applicant for the order, and

• (c) those (other than the local authority) to whom the applicant for the order gave notice of it.

• (3) A notice required under this regulation shall be given in writing and may be sent by post.

When responsibility under emergency protection order transfers

4

The time at which responsibility under any emergency protection order is to be treated as having been transferred to a local authority shall be the time stated as the time of transfer in the notice given in accordance with regulation 3 of these Regulations by the local authority to the applicant for the emergency protection order or the time at which notice is given to him under that regulation, whichever is the later.

Exception for children in refuges

5

These Regulations shall not apply where the child to whom the emergency protection order applies is in a refuge in respect of which there is in force a Secretary of State’s certificate issued under section 51 of the Children Act 1989 (refuges for children at risk) and the person carrying on the home or, the foster parent providing the refuge, having taken account of the wishes and feelings of the child, has decided that the child should continue to be provided with the refuge for the duration of the order.

Signed

Signed by authority of the Secretary of State for Health

Virginia Bottomley, — Minister of State, — Department of Health — 19th June 1991

Explanatory note

(This note does not form part of the Regulations)

These Regulations make provision for a local authority to be treated as though they and not the original applicant for an emergency protection order had applied for and been granted the order. They make provision for requirements to have been complied with before responsibility under the order is transferred and for the time the transfer is to be treated as effected. The Regulations do not apply when the child who is the subject of the order is in a refuge and the child is to continue to live there for the duration of the order.

Footnotes

[^f00001]: 1989 c. 41.