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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

Persons disqualified from being private foster parents

109.—(1) Unless he has disclosed the fact to the appropriate authority and obtained its written consent, a person shall not foster a child privately if he is disqualified from doing so by regulations made by the Department for the purposes of this Article.

(2) The regulations may, in particular, provide for a person to be so disqualified where—

(a)an order of a kind specified in the regulations has been made at any time with respect to him;

(b)an order of a kind so specified has been made at any time with respect to any child who has been in his care;

(c)a requirement of a kind so specified has been imposed at any time with respect to any such child under any statutory provision;

(d)he has been convicted of any offence of a kind so specified, or has been placed on probation or discharged absolutely or conditionally for any such offence;

(e)he has at any time been disqualified from child minding or providing day care for children under the age of twelve;

(f)a prohibition has been imposed on him at any time under Article 110 or under any other specified statutory provision.

(3) Unless he has disclosed the fact to the appropriate authority and obtained its written consent, a person shall not foster a child privately if—

(a)he lives in the same household as a person who is himself prevented from fostering a child by paragraph (1); or

(b)he lives in a household at which any such person is employed.

(4) Where an authority refuses to give its consent under this Article, it shall inform the applicant by a written notice which states—

(a)the reason for the refusal;

(b)the applicant’s right under Article 113 to appeal against the refusal; and

(c)the time within which he may do so.

(5) In this Article—

“the appropriate authority” means the authority within whose area it is proposed to foster the child in question;

“statutory provision” includes any statutory provision having effect, at any time, in any part of the United Kingdom.

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