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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 214 Extension, variation or revocation of orders

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 214

Extension, variation or revocation of orders

(1)     A person who was a party to the proceeding in which a short care and protection order was made (the original order ) or a person named in the original order may apply for an extension, variation or the revocation of the original order.

(2)     On application, the court may extend, vary or revoke the original order.

(3)     If—

        (a)     an application has been filed; and

        (b)     the court cannot hear and decide the application before the date on which, but for this subsection, the order would cease to have effect;

then—

        (c)     the court may adjourn the application for a period of not longer than 7 days beginning on the day after the application is adjourned; and

        (d)     despite any other provision in this Act, the order sought to be extended continues to have effect until the application is decided.

(4)     However, the court may not extend or vary an order if the effect of the extension or variation is to make the total period of the order extended or varied (including any extension, whether under paragraph (3) (d) or otherwise) more than—

        (a)     in relation to an assessment order or therapeutic protection order—8 weeks; or

        (b)     in any other case—18 weeks;

unless the court is satisfied that there are exceptional circumstances that justify such an extension or variation.

Division 3—Assessment orders