32. Application for setting aside of family exclusion order or family visit limit made in family respondent’s absence

An application under section 165C(3) of the Act to set aside a family exclusion order or a family visit limit made in a family respondent’s absence may be submitted by the family respondent in such form as the Council may determine, not later than 30 days (or such longer period as the Committee of Assessors may allow in any particular case) after the family respondent is served the family exclusion order or family visit limit made against the family respondent in his or her absence.

The family respondent must submit the application under paragraph (1) in accordance with rule 4.

Every application under paragraph (1) must set out the grounds of the application in a clear and concise manner, and may be accompanied by —

an explanation for the family respondent’s failure to respond to a notice to object to the application for the family exclusion order or family visit limit; and

any evidence or information which the family respondent considers necessary in support of his or her application to set aside the family exclusion order or family visit limit.

Before making any decision on the application, the Committee of Assessors must give a notice to —

the family member or members for whose benefit the family exclusion order or family visit limit was made; or

such other person as the Committee considers necessary to make the decision on the application,inviting the family member or such other person (as the case may be) to make any written representation in relation to the application within such time as the notice may specify.

Upon the submission of any application under paragraph (1) in respect of a family exclusion order or a family visit limit, any application for the variation or revocation of that family exclusion order or family visit limit made under rule 34 must be stayed pending the determination of the application under paragraph (1).

The Committee of Assessors, in any proceedings to set aside the family exclusion order or family visit limit, may exercise the powers under section 158(4) of the Act in the same manner as if the proceedings were for a determination of a family exclusion order or a family visit limit under that section.

An application under section 165C(3) of the Act to set aside a family exclusion order or a family visit limit made in a family respondent’s absence may be submitted by the family respondent in such form as the Council may determine, not later than 30 days (or such longer period as the Committee of Assessors may allow in any particular case) after the family respondent is served the family exclusion order or family visit limit made against the family respondent in his or her absence.

The family respondent must submit the application under paragraph (1) in accordance with rule 4.

Every application under paragraph (1) must set out the grounds of the application in a clear and concise manner, and may be accompanied by —

an explanation for the family respondent’s failure to respond to a notice to object to the application for the family exclusion order or family visit limit; and

any evidence or information which the family respondent considers necessary in support of his or her application to set aside the family exclusion order or family visit limit.

Before making any decision on the application, the Committee of Assessors must give a notice to —

the family member or members for whose benefit the family exclusion order or family visit limit was made; or

such other person as the Committee considers necessary to make the decision on the application,inviting the family member or such other person (as the case may be) to make any written representation in relation to the application within such time as the notice may specify.

Upon the submission of any application under paragraph (1) in respect of a family exclusion order or a family visit limit, any application for the variation or revocation of that family exclusion order or family visit limit made under rule 34 must be stayed pending the determination of the application under paragraph (1).

The Committee of Assessors, in any proceedings to set aside the family exclusion order or family visit limit, may exercise the powers under section 158(4) of the Act in the same manner as if the proceedings were for a determination of a family exclusion order or a family visit limit under that section.