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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

11.—(1) Sub-paragraph (2) applies where, immediately before the commencement of Part V—

(a)a person is in the care of the Department or an authority by virtue of any order mentioned in sub-paragraph (3); or

(b)there is in force a parental rights order under section 104 of the Children and Young Persons Act (Northern Ireland) 1968(1) with respect to a person.

(2) Where this sub-paragraph applies, then, on and after the commencement of Part V—

(a)the order in question shall be deemed to be a care order;

(b)if the person was in the care of an authority immediately before that commencement, that authority shall be deemed to be the authority designated in that deemed care order, or if the person was in the care of the Department, the authority in whose area he is immediately before that commencement shall be deemed to be the authority designated in that deemed care order; and

(c)any reference to a child in the care of an authority shall include a reference to a person who is the subject of such a deemed care order,

and the provisions of this Order shall apply accordingly, subject to paragraph 12.

(3) The orders referred to in sub-paragraph (1)(a) are—

(a)an order committing a person to the care of a fit person under section 66, 74, 95, 96, 97, 143 or 144 of the Children and Young Persons Act (Northern Ireland) 1968;

(b)an order which by virtue of regulations under section 101 of the Children Act 1989(2) has effect as if it were an order under section 95(1)(b) of the Children and Young Persons Act (Northern Ireland) 1968 committing a person to the care of an authority;

(c)an order under—

(i)section 74 of the Social Work (Scotland) Act 1968(3);

(ii)section 25 of the Children and Young Persons Act 1969(4);

(d)an order under—

(i)Article 46 of the Matrimonial Causes (Northern Ireland) Order 1978(5);

(ii)Article 12 of the Domestic Proceedings (Northern Ireland) Order 1980(6);

(iii)Article 27(1)(b) of the Adoption Order;

(e)an order of the High Court in the exercise of its inherent jurisdiction with respect to children.

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