CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 300 When chief executive may transfer order
CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 300
When chief executive may transfer order(1) The chief executive may transfer a child care and protection order (the home order ) to a participating State if—
(a) in his or her opinion, a child care and protection order to the same or a similar effect as the home order could be made under the child welfare law of the State; and
(b) the home order is not subject to an appeal to the Supreme Court or affected by a proceeding for judicial review; and
(c) the relevant interstate officer has consented to the transfer and to the proposed terms of the child care and protection order to be transferred (the interstate order ); and
(d) if the chief executive is satisfied that the child or young person who is the subject of the order is capable of understanding the proposal to transfer the order—the chief executive has sought and considered the views of the child or young person; and
(e) anyone whose consent to the transfer is required under section 301 has consented.
(2) The chief executive may include in the interstate order a condition that could be included in a child care and protection order of that type made in the relevant participating State.
(3) In deciding whether a child care and protection order to the same or a similar effect as the home order could be made under the child welfare law of a participating State, the chief executive may not take into account the period for which it is possible to make such an order in the State.
(4) The period for which an interstate order is to remain in force must be decided by the chief executive and stated in the order.
(5) The period must be—
(a) if the remaining period of the home order at the date of registration of the interstate order in the participating State is a period for which an order may be made under the child welfare law of the State—the remaining period; or
(b) in any other case—as similar a period as may be made under that law but in no case longer than the period of the home order.