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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

19.—(1) Where, immediately before the commencement of Part IV, there was in force an order made (or having effect as if made) under any of the provisions mentioned in sub-paragraph (2), then, after the commencement of that Part—

(a)the order shall have effect as if made under Article 41(2) against a person liable to contribute; and

(b)Articles 38 to 43 shall apply to the order, subject to the modifications in sub-paragraph (3).

(2) The provisions referred to in sub-paragraph (1) are—

(a)Article 13(4) of the Domestic Proceedings (Northern Ireland) Order 1980;

(b)Article 27(2) of the Adoption Order;

(c)section 156 of the Children and Young Persons Act (Northern Ireland) 1968,

(provisions empowering the court to make an order requiring a person to make periodical payments to the Department or an authority in respect of a child in care).

(3) The modifications are that in Article 41—

(a)in paragraph (4), sub-paragraph (a) shall be omitted;

(b)for paragraph (6) there shall be substituted—

(6) Where—

(a)a contribution order is in force;

(b)the authority serves a contribution notice under Article 40; and

(c)the contributor and the authority reach an agreement under Article 40(7) in respect of the contribution notice,

the effect of the agreement shall be to discharge the order from the date on which it is agreed that the agreement shall take effect.; and

(c)at the end of paragraph (10) there shall be inserted—

and

(c)where the order is against a person who is not a parent of the child, shall be made with due regard to—

(i)whether that person had assumed responsibility for the maintenance of the child, and, if so, the extent to which and basis on which he assumed that responsibility and the length of the period during which he met that responsibility;

(ii)whether he did so knowing that the child was not his child;

(iii)the liability of any other person to maintain the child..

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