Section 49 Child’s Right Act

Section 49 Child’s Right Act 2003 is about Rules and regulations under this Part. It is under Part IV (Protection of Children) of the Act.

(1) Without prejudice to section 165 of this Act or any other power to make such rules, the Court may make rules specifying the procedure to be followed in connection with the proceedings under this Part of this Act.

(2) The rules may, in particular, make provisions‐
(a) as to the form in which an application is to be made or a direction is to be given;

(b) prescribing the persons who are to be notified of‐
(i) the making or extension, of an emergency protection order; or
(ii) the making of an application under section 42 (4) or (5) or 43 (6) of this Act; and

(c) as to the content of any notification and the manner in which, and the person by whom, it is to be given.

(3) The Ministry may, by regulations, provide that, where‐
(a) an emergency protection order has been made with respect to a child;
(b) the applicant for the order was not the appropriate authority within whose area the child is ordinarily resident; and

(c) the appropriate authority is of the opinion that it would be in the best interest of the child for the applicant’s responsibilities under the order to be transformed to it, the appropriate authority shall, subject to its having complied with any conditions imposed by the regulations, be treated, for the purpose of this Act, as though it and not the original applicant had applied for, and been granted, the order.

(4) Regulations made under subsection (3) of this section may, in particular, make provisions as to‐
(a) the considerations to which the appropriate authority is to have regard in informing an opinion as mentioned in subsection (3) (c) of this section; and
(b) the time at which responsibility under any emergency protection order is to be treated as having been transferred to an appropriate authority .