s.48Duration of emergency protection orders and other supplemental provisions
48
Section 48Part 5 — PROTECTION OF CHILDREN

Duration of emergency protection orders and other supplemental provisions

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An emergency protection order shall have effect for such period, not exceeding eight days, as may be specified in the order.
Where —
the court making an emergency protection order would, but for this subsection, specify a period of eight days as the period for which the order is to have effect; but
the last of those eight days is a public general holiday,
Where an emergency protection order is made on an application under section 49 (7), the period of eight days mentioned in subsection (1) shall begin with the first day on which the child was taken into police protection under section 49.
Any person who —
has parental responsibility for a child as the result of an emergency protection order; and
is entitled to apply for a care order with respect to the child,
On an application under subsection (4) the court may extend the period during which the order is to have effect by such period, not exceeding seven days, as it thinks fit, but may do so only if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended.
An emergency protection order may only be extended once.
Regardless of any enactment or rule of law which would otherwise prevent it from doing so, a court hearing an application for, or with respect to, an emergency protection order may take account of —
any statement contained in any report made to the court in the course of, or in connection with, the hearing; or
any evidence given during the hearing,
Any of the following may apply to the court for an emergency protection order to be discharged —
the child;
a parent of the child;
any person who is not a parent of the child but who has parental responsibility for him; or
any person with whom the child was living immediately before the making of the order.
The court shall not hear an application for the discharge of an emergency protection order by the court before the expiry of the period of seventy two hours beginning with the making of the order.
An appeal shall not be made against —
the making of, or refusal to make, an emergency protection order;
the extension of, or refusal to extend, the period during which such an order is to have effect;
the discharge of, or refusal to discharge, such an order; or
the giving of, or refusal to give, any direction in connection with such an order.
Subsection (8) does not apply —
where the person who would otherwise be entitled to apply for the emergency protection order to be discharged —
was given notice (in accordance with rules of court) of the hearing at which the order was made; and
was present at that hearing; or
to any emergency protection order the effective period of which has been extended under subsection (5).
A court making an emergency protection order may direct that the applicant may in exercising any powers which he has by virtue of the order, be accompanied by a registered health practitioner if he so chooses.

Cross References