Section 43 Child’s Right Act
Section 43 Child’s Right Act 2003 is about Duration of emergency protection orders, etc. It is under Part IV (Protection of Children) of the Act.
(1) An emergency protection order shall have effect for such period, not exceeding nine days, as may be specified in the order.
(2) Where the Court making an emergency protection order would, but for this subsection, specify a period of nine days as the period for which the order is to have effect, but the last of those nine days is a public holiday or a Sunday, the Court may specify a period which ends at noon on the first later day which is not a public holiday or a Sunday.
(3) Where an emergency protection order is made on an application under section 42 of this Act, the period of nine days mentioned in subsection (2) of this section shall begin with the first day on which the child was taken into police protection under section 44 of this Act.
(4) A person who‐
(a) has parental responsibility for a child as a result of an emergency protection order; and
(b) is entitled to apply for a care order with respect to a child, may apply to the Court for the extension of the period during which the emergency protection order is to have effect.
(5) On an application under subsection (4) of this section, the Court may extend the period during which the order is to have effect, by such period, not exceeding seven days, if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended.
(6) An emergency protection order may only be extended once.
(7) Notwithstanding 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‐
(a) any statement contained in any report made to the Court in the course of, or in connection with, hearing; or
(b) any evidence given during the hearing, which is, in the opinion of the Court, relevant to the application.
(8) Any of the following persons may apply to the Court for an emergency protection order to discharge‐
(a) the child; or
(b) a parent of a child; or
(c) a person who has parental responsibility for the child; or
(d) a person with whom the child was living immediately before making of the order.
(9) No application for the discharge of an emergency protection order shall be heard by the Court before the expiry of the period of seventy‐two hours beginning with the making of the order.
(10) No appeal may be made against the making of, or refusal to make, an emergency protection order or against any directions given by the Court in connection with the emergency protection order.
(11) Subsection (8) of this section does not apply‐
(a) where the person who would otherwise be entitled to apply for the discharge of the emergency protection order‐
(i) was given notice, in accordance with the Rules of Court, of the hearing at which the order was made; and
(ii) was present at the hearing; or
(b) to any emergency protection order, the effective period of which has been extended under subsection (5) of this section.
(12) A court making an emergency protection order may direct that the applicant may, in exercising any power which he has by virtue of the order, be accompanied by a registered medical practitioner, registered nurse or registered health visitor, if he so chooses.
