England and Wales · Family, criminal and employment
What period and facts govern discharge emergency protection order in England and Wales?
Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction. Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period.
- Period
- Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction
- Trigger
- The actual order, applicant eligibility and participation history
- Rule
- Children Act 1989 section 45
The retained Children Act 1989 section 45 supports apply to the court for discharge through the applicable procedure. Its complete-body snapshot and operative extract preserve the source edition, while eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period.
Source guide · No automated date
Check the applicable procedure
Children Act 1989 section 45. Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction. Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period. This source guide provides no computed date or paid record.
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What period and facts govern discharge emergency protection order in England and Wales?
Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction. Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period.
Responsible actor. A child, parent, person with parental responsibility or other eligible person under section 45.
The actual order, applicant eligibility and participation history
Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period.
A child, parent, person with parental responsibility or other eligible person under section 45. Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction. Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period.
Children Act 1989 section 45How does this provision count time?
- Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction
- Apply to the court for discharge through the applicable procedure.
- Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period.
Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction; retain Children Act 1989 section 45’s source wording and the actual statutory event instead of importing a different court-procedure count.
Current section 45 no longer contains the former seventy-two-hour discharge restriction. Notice, attendance and extended-order exclusions must still be checked before an application is made.
Children Act 1989 section 45Which facts prevent one automatic date?
Children Act 1989 section 45. Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction. Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period. This source guide provides no computed date or paid record.
A child, parent, person with parental responsibility or other eligible person under section 45 has records of the actual order, applicant eligibility and participation history. Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction. Apply to the court for discharge through the applicable procedure. Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period. Establish this procedure’s complete source facts before choosing an endpoint.
The proposed discharge emergency protection order step meets a disputed communication, closed receiving office or uncertain hearing event. Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction; retain Children Act 1989 section 45’s source wording and the actual statutory event instead of importing a different court-procedure count. Current section 45 no longer contains the former seventy-two-hour discharge restriction. Notice, attendance and extended-order exclusions must still be checked before an application is made. Verify the legally completed discharge emergency protection order act and actual applicable calendar. No assumed closure extension or substitute date is computed.
Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period. The actual order, applicant eligibility and participation history. Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction. Apply to the court for discharge through the applicable procedure. Resolve this source-specific qualification before relying on a result.
Which conditions and exceptions apply?
- Actor and completed discharge emergency protection order act
- A child, parent, person with parental responsibility or other eligible person under section 45. Apply to the court for discharge through the applicable procedure.
- Actual discharge emergency protection order event and branch
- The actual order, applicant eligibility and participation history. Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period.
- Counting and completion of discharge emergency protection order
- Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction; retain Children Act 1989 section 45’s source wording and the actual statutory event instead of importing a different court-procedure count. Current section 45 no longer contains the former seventy-two-hour discharge restriction. Notice, attendance and extended-order exclusions must still be checked before an application is made.
- A child, parent, person with parental responsibility or other eligible person under section 45. Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction. Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period.
- Discharge emergency protection order concerns apply to the court for discharge through the applicable procedure. Its actual source event is the actual order, applicant eligibility and participation history.
What must the responsible actor complete?
Questions about this procedure
What period and facts govern discharge emergency protection order in England and Wales?
What period governs discharge emergency protection order?
Current section 45 does not retain the former subsection (9) seventy-two-hour waiting restriction. Eligibility and statutory exclusions concerning notice, attendance or an extended order remain material. The legacy seventy-two-hour preset is not a current universal waiting period.
Children Act 1989 section 45Which event controls discharge emergency protection order?
The actual order, applicant eligibility and participation history. Keep evidence of that actual source event.
Children Act 1989 section 45What completes discharge emergency protection order?
Apply to the court for discharge through the applicable procedure. A child, parent, person with parental responsibility or other eligible person under section 45 must establish that completed step.
Children Act 1989 section 45Must every discharge applicant wait seventy-two hours?
No. Current section 45(9) is repealed. The former waiting restriction cannot be used as a current universal minimum.
Children Act 1989 section 45Can anyone apply to discharge the order?
Section 45(8) identifies eligible applicants. Subsection (11) imposes specified exclusions that must be checked against the actual hearing history.
Children Act 1989 section 45Does an application immediately end the order?
An application is not a discharge order. Preserve the court’s actual decision and the existing order’s specified duration.
Children Act 1989 section 45Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Children Act 1989 section 45 | Check the identified procedure, event, counting rule or qualification |