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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 430 Procedural changes in relation to CSA applications

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 430

Procedural changes in relation to CSA applications

(1)     If a procedural order has been made in relation to a CSA application, or a procedure has been followed in relation to a CSA application—

        (a)     the order or procedure is taken to be in accordance with this Act; and

        (b)     the court may, when the application next comes before it, give such direction or make such order in relation to procedure as it could make in relation to an application under this Act.

(2)     If—

        (a)     the equivalent application in relation to a CSA application is required to be served on a person (the relevant person ); and

        (b)     the relevant person was not required to be served with the CSA application under the repealed Act, and was not served;

the court, when the proceeding next comes before it—

        (c)     must decide whether the relevant person should be served with a copy of the application; and

        (d)     may dispense with the service without affecting the validity of an order made on the application.

(3)     Where the equivalent application to a CSA application may only be made with the leave of the court, the equivalent application is to be taken to have been made with leave.