Children Act 2001

Power to vary probation (residential supervision) order.

127

127.—(1) Where an order under section 126 is in force in respect of a child, the Children Court, on application by the child or his or her parent or guardian or a probation and welfare officer, may vary the order if it appears to it that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made.

(2) An order varying such an order may—

( a) if the hostel residence specified in the order no longer complies with the requirements of section 126(9) , substitute for that hostel residence another hostel residence which complies with those requirements,

( b) in the case of a hostel residence specified in an order under section 126(10) , substitute for the hostel residence so specified a hostel residence which complies with the requirements of section 126(9) , if it appears to the Court that it would be in the interests of the child to reside in such a hostel residence.

(3) Where an order is varied under this section, the Court shall cause certified copies of the order as so varied to be sent to—

( a) the person in charge of each hostel residence referred to in the order,

( b) the probation and welfare officer who is supervising the child, and

( c) the parents or guardian of the child or, as appropriate, another adult with whom the child was residing immediately before the order under section 126 was made.

(4) The person in charge of the hostel residence specified in the order under section 126 shall give a copy of the order, as so varied, to the child.

(5) The jurisdiction vested in the Court under this section shall be exercised by the judge for the time being assigned to the district of residence.