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MON 23/03/2009 - These Rules make amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991 ("the 1991 Rules").
Provision is made to ensure that on an application for a warrant by Her Majesty's Chief Inspector of Education, Children's Services and Skills under section 79 of the Childcare Act 2006 Act (power of constable to assist in exercise of powers of entry), a single justice may discharge the functions of a family proceedings court, to ensure that such an application may be made ex parte, and to specify for such an application the appropriate form, periods of notice and respondents. Form C19 (Warrant of Assistance) has been amended to refer to an application under section 79 and to make provision for an application under section 102 of the Children Act 1989 (c.41) in relation to the exercise of powers, in Wales, under section 79U of that Act.
References to section 75 of the Children Act 1989 are removed as that section is no longer in force.
Amendments have been made to Form C23 (Emergency Protection Order) in consequence of the repeal of section 45(9) of the Children Act 1989 by section 30 of the Children and Young Persons Act 2008 (c.23).
These Rules come into force on 6 April 2009.
The Red Book is the acknowledged authority on practice and procedure