Health Act 2007

60.

Ex parte interim order in proceedings under section 59 .

60.— (1) An application under section 59 by the chief inspector may be made ex parte and without notice for an interim order (in this section and in section 61 called an “ ex parte interim order”) and, on that application, an ex parte interim order may be made—

( a) in the terms sought by the chief inspector in the application, or

( b) in other terms as the District Court considers appropriate,

if, having regard to the circumstances of the particular case, the court considers it necessary or expedient to make the order immediately in the best interests of the persons resident in the designated centre.

(2) The application for an ex parte interim order shall be grounded on an affidavit sworn by the chief inspector or by an individual acting on behalf of the chief inspector.

(3) The ex parte interim order has effect for a period, to be specified in the order, not exceeding 28 days and ceases to have effect at the end of that period unless—

( a) by consent of the parties, or

( b) on application by the chief inspector on notice to the person who was the designated centre’s registered provider at the time of the application made ex parte under section 59 ,

the District Court within that period confirms the ex parte interim order with effect for a specified further period.

(4) Subsection (3) does not affect any right of a party to proceedings commenced under section 59 to apply to the District Court in the proceedings.

(5) The chief inspector, as soon as practicable, shall serve on the person who was the registered provider at the time of the ex parte application a copy of—

( a) the ex parte interim order, and

( b) the affidavit referred to in subsection (2).

(6) In respect of the ex parte application, the chief inspector must provide the Executive F35 [ or the Agency as the case may be ] with a copy of the application and of the affidavit referred to in subsection (2) and, where an ex parte interim order is made, must provide the Executive F35 [ or the Agency as the case may be ] with a copy of the order.

(7) If an ex parte interim order ceases to have effect because of the operation of subsection (3) then, effective on the next day after that order ceases to have effect—

( a) the registration of the designated centre and the status as registered provider of the person who was the centre’s registered provider at the time of the ex parte application under section 59(1) are reinstated, and

( b) the designated centre and the registered provider are restored to the same status under this Act as they had immediately before the date of the ex parte application under section 59 .

Annotations:

Amendments:

F35

Inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 20 item 9, S.I. No. 502 of 2013.