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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II GENERAL

    1. Child’s welfare

      1. 3.Child’s welfare to be paramount consideration

      2. 4.Reports on child’s welfare

    2. Parental responsibility

      1. 5.Parental responsibility for children

      2. 6.Meaning of “parental responsibility”

      3. 7.Acquisition of parental responsibility

  4. PART III ORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS

    1. General

      1. 8.Residence, contact and other orders with respect to children

      2. 9.Restrictions on making Article 8 orders

      3. 10.Power of court to make Article 8 orders

      4. 11.General principles and supplementary provisions

      5. 12.Residence orders and parental responsibility

      6. 13.Change of child’s name or removal from jurisdiction

      7. 14.Enforcement of residence orders

    2. Financial relief

      1. 15.Orders for financial relief with respect to children

    3. Family assistance orders

      1. 16.Family assistance orders

  5. PART IV SUPPORT FOR CHILDREN AND THEIR FAMILIES

    1. Children in need and their families

      1. 17.Interpretation

      2. 18.General duty of authority to provide personal social services for children in need, their families and others

      3. 19.Day care for pre-school and other children

      4. 20.Review of provision for day care, child minding, etc.

      5. 21.Provision of accommodation for children: general

      6. 22.Powers of person with parental responsibility

      7. 23.Provision of accommodation for children in police protection

      8. 24.Recoupment of cost of providing services, etc.

    2. Children looked after by an authority

      1. 25.Interpretation

      2. 26.General duty of authority

      3. 27.Accommodation and maintenance for children

      4. 28.Regulations under Article 27

      5. 29.Promotion and maintenance of contact between child and family

      6. 30.Visits to or by children: expenses

      7. 31.Appointment of visitor for child who is not being visited

      8. 32.Power to guarantee apprenticeship deeds, etc.

      9. 33.Arrangements to assist children to live abroad

      10. 34.Death of children being looked after by an authority

    3. Advice and assistance for certain children

      1. 35.Advice and assistance for certain children

      2. 36.Assistance: further provisions

      3. 37.Supplementary

    4. Contributions towards maintenance of children looked after by an authority

      1. 38.Interpretation

      2. 39.Liability to contribute

      3. 40.Agreed contributions

      4. 41.Contribution orders

      5. 42.Enforcement of contribution orders, etc.

      6. 43.Regulations

    5. Miscellaneous

      1. 44.Secure accommodation

      2. 45.Reviews and representations

      3. 46.Co-operation between authorities and other bodies

      4. 47.Consultation with education and library boards

      5. 48.Miscellaneous

  6. PART V CARE AND SUPERVISION

    1. Introductory

      1. 49.Interpretation

    2. General

      1. 50.Care orders and supervision orders

      2. 51.Timetable for proceedings

    3. Care orders

      1. 52.Effect of care order

      2. 53.Parental contact etc. with children in care

    4. Supervision orders

      1. 54.Supervision orders

    5. Education supervision orders

      1. 55.Education supervision orders

    6. Powers of court

      1. 56.Investigation into child’s circumstances

      2. 57.Interim orders

      3. 58.Discharge and variation, etc., of care orders and supervision orders

      4. 59.Orders pending appeals in cases about care or supervision orders

    7. Guardians ad litem

      1. 60.Representation of child and of his interests in certain proceedings

      2. 61.Right of guardian ad litem to have access to records

  7. PART VI PROTECTION OF CHILDREN

    1. 62.Child assessment orders

    2. 63.Orders for emergency protection of children

    3. 64.Duration of emergency protection orders and other supplementary provisions

    4. 65.Removal and accommodation of children by police in cases of emergency

    5. 66.Authority’s duty to investigate

    6. 67.Powers to assist in discovery of children who may be in need of emergency protection

    7. 68.Abduction of children in care, etc.

    8. 69.Recovery of abducted children, etc.

    9. 70.Refuges for children at risk

    10. 71.Rules of court and regulations

  8. PART VII HOMES PROVIDED BY AN AUTHORITY

    1. 72.Provision of homes by an authority

    2. 73.Regulations

  9. PART VIII VOLUNTARY HOMES AND VOLUNTARY ORGANISATIONS

    1. Introductory

      1. 74.Interpretation

    2. Voluntary organisations

      1. 75.Provision of accommodation for children

      2. 76.Duties of voluntary organisations

      3. 77.Duties of an authority

    3. Voluntary homes

      1. 78.Persons disqualified from carrying on, or being employed in, voluntary homes

      2. 79.Voluntary homes not to be carried on unless registered

      3. 80.Application for registration

      4. 81.Power to impose conditions

      5. 82.Cancellation of registration

      6. 83.Cases where an authority must serve notice of proposal

      7. 84.Right to make representations

      8. 85.Decision to adopt proposal

      9. 86.Annual review of registration

      10. 87.Appeals

      11. 88.Prohibition on further applications

    4. Regulations

      1. 89.Regulations

  10. PART IX CHILDREN'S HOMES

    1. Introductory

      1. 90.Interpretation

      2. 91.“Children’s home” further defined

    2. General

      1. 92.Duties of person carrying on children’s home

      2. 93.Duties of an authority

      3. 94.Persons disqualified from carrying on, or being employed in, children’s homes

    3. Registration

      1. 95.Children not to be cared for and accommodated in unregistered children’s homes

      2. 96.Application for registration

      3. 97.Power to impose conditions

      4. 98.Cancellation of registration

      5. 99.Cases where an authority must serve notice of proposal

      6. 100.Right to make representations

      7. 101.Decision to adopt proposal

      8. 102.Annual review of registration

      9. 103.Appeals

      10. 104.Prohibition on further applications

    4. Regulations

      1. 105.Regulations

  11. PART X PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

    1. 106.Interpretation

    2. 107.Privately fostered children further defined

    3. 108.Welfare of privately fostered children

    4. 109.Persons disqualified from being private foster parents

    5. 110.Power to prohibit private fostering

    6. 111.Power to impose requirements

    7. 112.Regulations requiring notification of fostering, etc.

    8. 113.Appeals

    9. 114.Application of this Part to certain school children during holidays

    10. 115.Advertisements relating to fostering

    11. 116.Avoidance of insurances on lives of privately fostered children

    12. 117.Offences

  12. PART XI CHILD MINDING AND DAY CARE FOR YOUNG CHILDREN

    1. 118.Registration

    2. 119.Persons who act as child minders

    3. 120.Persons who provide day care for children under the age of twelve

    4. 121.Exemptions

    5. 122.Disqualified persons

    6. 123.Application for registration

    7. 124.Refusal of registration

    8. 125.Requirements to be complied with by child minders

    9. 126.Requirements to be complied with by persons providing day care for young children

    10. 127.Certificate of registration

    11. 128.Cancellation of registration

    12. 129.Protection of children in an emergency

    13. 130.Inspection

    14. 131.Appeals

    15. 132.Offences

  13. PART XII EMPLOYMENT OF CHILDREN

    1. Introductory

      1. 133.Interpretation

      2. 134.Exemptions and saving

    2. General

      1. 135.General restrictions on the employment of children

      2. 136.Regulations with respect to the employment of children

    3. Performances

      1. 137.Restrictions on taking part in public performances, etc.

      2. 138.Granting of licences

      3. 139.Variation and revocation of licences

      4. 140.Requirement to keep and produce records

    4. Dangerous performances

      1. 141.Performances endangering life or limb

      2. 142.Training for performances of a dangerous nature

      3. 143.Licensing of training children over twelve for performances of a dangerous nature

    5. Supplementary

      1. 144.Notice of refusal of licence, etc.

      2. 145.Appeal against refusal of licence, etc.

      3. 146.Powers of entry

      4. 147.Offences

      5. 148.Defences

  14. PART XIII DEPARTMENT'S SUPERVISORY FUNCTIONS AND RESPONSIBILITIES

    1. 149.Inspection of children’s homes, etc., by Department

    2. 150.Powers of persons authorised by Department

    3. 151.Power to exempt children’s homes, etc., from inspection

    4. 152.Inquiries

    5. 153.Child care training

    6. 154.Research and information

  15. PART XIV PARENTS NOT MARRIED TO EACH OTHER

    1. 155.Parents not being married to each other to have no effect in law on relationships

    2. 156.Application of principle to certain existing statutory provisions

    3. 157.Property rights

    4. 158.Repeal of Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924

  16. PART XV GUARDIANS

    1. 159.Appointment by court

    2. 160.Appointment by parent or guardian

    3. 161.Revocation of appointment by parent or guardian

    4. 162.Disclaimer of appointment by parent or guardian

    5. 163.Termination by court

  17. PART XVI JURISDICTION AND PROCEDURE

    1. 164.Jurisdiction

    2. 165.Rules of court

    3. 166.Appeals

    4. 167.Attendance of child and his parents, etc., at hearing under Part V or VI

    5. 168.Power to clear court while child is giving evidence in certain proceedings

    6. 169.Evidence given by, or with respect to, children

    7. 170.Privacy for children involved in certain proceedings

    8. 171.Self-incrimination

    9. 172.Legal aid, advice and assistance

    10. 173.Restrictions on use of wardship jurisdiction

  18. PART XVII MISCELLANEOUS AND GENERAL

    1. Children accommodated in certain establishments

      1. 174.Children accommodated in hospitals

      2. 175.Children accommodated in certain homes and in private hospitals

      3. 176.Children accommodated in schools

      4. 177.Children not accommodated in schools

    2. Search warrants

      1. 178.Police assistance in exercise of powers of search and inspection

    3. Effect and duration of orders, etc.

      1. 179.Effect and duration of orders, etc.

      2. 180.The Isle of Man and the Channel Islands

    4. Miscellaneous

      1. 181.Annual report

      2. 182.Temporary exercise of functions of authorities by Department

      3. 183.Regulations and orders

      4. 184.Transitional provisions and savings

      5. 185.Amendments and repeals

  19. Signature

  20. SCHEDULES:

    1. Schedule 1

      Financial provision for children.

    2. Schedule 2

      Provision of services for families: specific powers and duties.

    3. Schedule 3

      Supervision orders.

    4. Schedule 4

      Education supervision orders.

    5. Schedule 5

      Foster parents: limits on number of foster children.

    6. Schedule 6

      Property rights where parents not married to each other.

    7. Schedule 7

      Jurisdiction.

    8. Schedule 8

      Transitionals and savings.

    9. Schedule 9

      Amendments.

    10. Schedule 10

      Repeals.

  21. Explanatory Note

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