C35

Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F261[35H.—(1) Subject to subsections (3) and (4), an order under section 35B(2) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:

(a) where the High Court makes a special care order—

(i) on the expiration of the period specified in the special care order or such extended period (within the meaning of section 23J(9)), if any, for which the special care order has effect, or

(ii) upon the discharge of the special care order under section 23NE,whichever is the earlier;

(b) where the High Court makes an interim special care order—

(i) on the expiration of the period specified in the interim special care order or such extended period (within the meaning of section 23N(9)), if any, for which the interim special care order has effect, or

(ii) upon the discharge of the interim special care order under section 23NE,whichever is the earlier;

(c) upon a determination by the High Court not to make a special care order or an interim special care order, as the case may be, in respect of the child to whom the order relates;

(d) by direction of the High Court; or

(e) when the child to whom the order relates attains the age of 18 years.

(2) Subject to subsections (3) and (4), an order under section 35B(3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect on the earliest of the following occurring:

(a) where the District Court makes an interim care order under section 17, on the expiration of the period specified in the interim care order or any extension of such period under subsection (2) of that section;

(b) upon a determination by the District Court to refuse to make an interim care order under section 17;

(c) upon a determination by the District Court of an application under section 18(1) for a care order;

(d) upon a determination by the District Court of an application under section 19(1) for a supervision order;

(e) upon a determination by the District Court of an application under—

(i) section 22(a), (b) or (c),

(ii) section 43A, or

(iii) section 43B(1);

(f) other than where the child to whom the order relates is in the care of the Child and Family Agency under section 17, upon a determination by the District Court of an application under—

(i) section 37(2) or (3), or

(ii) section 47;

(g) by direction of the District Court; or

(h) when the child to whom the order relates attains the age of 18 years.

(3) Where a court by order directs that proceedings in which an order has been made under section 35B(2) or (3) are to be kept under review, the court may—

(a) direct that the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect until such time as a hearing of a review is due to take place, and

(b) prior to the date of the review, by order direct that a guardian ad litem previously appointed for the child in the proceedings be re‑appointed for that child.

(4) Where a child in respect of whom a court has made an order under section 35B(2) or (3), as the case may be, becomes a party to the proceedings by order under section 25(1), or otherwise than by reason of such an order, the court shall determine when the order under section 35B(2) or (3) and any appointment under section 35C(1) pursuant to such an order ceases to have effect having regard to the matters referred to in paragraphs (a) to (g) of section 24(2).

(5) In subsections (1) and (2), a reference to an order, a determination or a direction is a reference to such order, determination or direction in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned or determined by the court.

(6) For the purposes of subsection (1)(a)(i), where the High Court, pursuant to an application to which subsection (2)(b) or (5)(b) of section 23NJ applies, makes a special care order (in this subsection referred to as the "subsequent care order")—

(a) a reference in subsection (1)(a)(i) to the expiration of the period specified in a special care order shall be construed as including a reference to the expiration of the period specified in the subsequent care order, and

(b) a reference to the expiration of an extended period for which the special care order has effect shall be construed as including a reference to the expiration of an extended period for which the subsequent care order has effect.

(7) Where an interim special care order referred to in subsection (1)(b) is an order made in accordance with section 23L(3), a reference in that subsection to an interim special care order shall be construed as including a reference to such interim special care order that the High Court may make at a hearing referred to in section 23M(1)(a).]