The Child Abduction (Northern Ireland) Order 1985

Article 3(7).

SCHEDULE N.I. MODIFICATIONS OF ARTICLE 3 FOR CHILDREN IN CERTAIN CASES

Children [F1 in the care of an authority]F2 ... N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1 1995 NI 2

F2 1998 NI 9

1.—(1) This paragraph applies in the case of a child who is [F3 in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995)]F4 ... N.I.

(2) Where this paragraph applies, Article 3 shall have effect as if—

(a) the reference in paragraph (1) to the appropriate consent were a reference to the consent of the[F3 authority]...; and

(b) paragraphs[F3 (2A) to (4)] and the definition of “the appropriate consent” in paragraph (5) were omitted.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F3 1995 NI 2

F4 1998 NI 9

Para. 2 rep. by 1998 NI 9

Adoption N.I.

3.—(1) This paragraph applies in the case of a child— N.I.

[F5 (a) who is the subject of an order under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 freeing him for adoption; or

(aa) who is the subject of a pending application for such an order; or

(aaa) who is the subject of a pending application for an adoption order; or]

(b) who is the subject of an order under[F5 Article 57 of the Adoption (Northern Ireland) Order 1987 or] section 38 of the Adoption Act (Northern Ireland) 1967 relating to adoption abroad or of a pending application for such an order.

(2) Where this paragraph applies, Article 3 shall have effect as if—

(a) the reference in paragraph (1) to the appropriate consent were a reference—

[F5 (i) in a case within sub‐paragraph (1)(a), to the consent of the adoption agency which made the application for the order or, if the[F6 order has been varied under Article 21 of the Adoption (Northern Ireland) Order 1987 so as to give parental responsibility to another agency] to the consent of that other agency;

(ia) in a case within sub‐paragraph (1)(aa) or (aaa), to the leave of the court to which the application was made; and]

(ii) in a case within sub-paragraph (1)(b), to the leave of the court which made the order or, as the case may be, to which the application was made, and

(b) paragraphs[F6 (2A) to (4)] and the definition of “the appropriate consent” in paragraph (5) were omitted.

[F5 (3) In this paragraph—

(a) “adoption agency” has the same meaning as in Article 3 of the Adoption (Northern Ireland) Order 1987; and

(b) “adoption order” means an order under Article 12(1) of that Order.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F5 1987 NI 22

F6 1995 NI 2

Children subject to training school orders N.I.

4.—(1) This paragraph applies in the case of a child who is subject to a [F7 juvenile justice centre] orderF8 , except where he is lawfully living with his parents or either of them. N.I.

(2) Where this paragraph applies, Article 3 shall have effect as if—

(a) the reference in paragraph (1) to the appropriate consent were a reference to the consent of the managers of the[F7 juvenile justice centre]; and

(b) paragraphs[F9 (2A) to (4)] and the definition of “the appropriate consent” in paragraph (5) were omitted.

[F7 (3) In this paragraph, “juvenile justice centre order” has the same meaning as in Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F7 1998 NI 9

F8 prosp. inserted by 2002 c. 26

F9 1995 NI 2

Cases within paragraphs 1 and 3 N.I.

5.  In the case of a child falling within both paragraph 1 and paragraph 3, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1. N.I.