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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

23.—(1) This paragraph applies to—

(a)any order or warrant authorising the taking or removal of a child to a place of safety which—

(i)was made, or issued, under any of the provisions mentioned in sub-paragraph (2); and

(ii)was in force immediately before the commencement of Part V; and

(b)any interim order made under section 101(1) of the Children and Young Persons Act (Northern Ireland) 1968(1).

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

(a)section 8 of the Children and Young Persons Act (Northern Ireland) 1968 (children improperly kept);

(b)section 18(1) of that Act (detention of child in place of safety);

(c)section 32 of that Act (warrant to search for or remove child);

(d)Article 35 of the Adoption Order (removal of protected child from unsuitable surroundings).

(3) The order or warrant shall continue to have effect as if this Order were not in operation.

(4) Any statutory provision repealed by this Order shall continue to have effect in relation to the order or warrant so far as is necessary for the purposes of securing that the effect of the order is what it would have been if this Order were not in operation.

(5) Sub-paragraph (4) does not apply to the power to make an interim order or further interim order given by section 101 of the Children and Young Persons Act (Northern Ireland) 1968.

(6) Where, immediately before section 32 or 99 of the Children and Young Persons Act (Northern Ireland) 1968 is wholly or partly repealed by this Order, a child is being detained under the powers granted by that section, he may continue to be detained in accordance with that section.

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