CA 1989 s. 52

Emergency protection rules and regulations - CA 1989 s. 52

CA 1989 s. 52 allows court rules for emergency protection procedure and regulations for transferring order to home local authority.

Official text CA 1989 s. 52 — United Kingdom

Without prejudice to section 93 or any other power to make such rules, rules of court may be made with respect to the procedure to be followed in connection with proceedings under this Part. The rules may, in particular make provision— as to the form in which any application is to be made or direction is to be given; prescribing the persons who are to be notified of— the making, or extension, of an emergency protection order; or the making of an application under section 45(4) or (8) or 46(7); and as to the content of any such notification and the manner in which, and person by whom, it is to be given. The Secretary of State may by regulations provide that, where— an emergency protection order has been made with respect to a child; the applicant for the order was not the local authority within whose area the child is ordinarily resident; and 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 any requirements imposed by the regulations) be treated, for the purposes of this Act, as though they and not the original applicant had applied for, and been granted, the order. Regulations made under subsection (3) may, in particular, make provision as to— the considerations to which the local authority shall have regard in forming an opinion as mentioned in subsection (3)(c); and the time at which responsibility under any emergency protection order is to be treated as having been transferred to a local authority.

Text in force at .

Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.

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What it actually says

This section gives power to make rules of court for emergency protection proceedings under Part V of the Children Act 1989. These rules can set out the form of applications and directions, and who must be told about an emergency protection order or certain applications, and how that notification happens.

It also gives the Secretary of State power to make regulations for transferring the responsibilities of an emergency protection order from the original applicant to the local authority where the child ordinarily lives. That transfer can happen if the local authority believes it is in the child's best interests. The regulations can specify what the local authority must consider and when the transfer takes effect.

When it applies

  • A police officer obtains an emergency protection order for a child found in danger, and the local authority where the child lives wants to take over responsibility.
  • The court makes rules requiring that the child's parents be notified when an emergency protection order is made.
  • The Secretary of State issues regulations about the considerations a local authority must weigh before deciding to take over an emergency protection order.
  • A court makes rules specifying the form of an application to extend an emergency protection order under section 45(4) or (8).
  • A person who is not the local authority applies for an emergency protection order, and later the local authority decides to seek transfer of the order.

What this section does not say

  • The grounds on which an emergency protection order can be granted (dealt with in section 44).
  • How long an emergency protection order lasts (dealt with in section 45).
  • The power of police to remove a child in an emergency (dealt with in section 46).
  • The procedure for local authorities to investigate a child's welfare (dealt with in section 47).

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We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.

This page reproduces the text of CA 1989 s. 52 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.

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