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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Children in compulsory care

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.

12.—(1) This sub-paragraph applies to a child who has been placed or allowed to remain in the care of the Department or an authority in the exercise of the High Court’s inherent jurisdiction and who immediately before the expiration of one year from the commencement of paragraph 1(2) is still in the care of the Department or an authority.

(2) Where in respect of a child to whom sub-paragraph (1) applies proceedings have ceased by virtue of paragraph 1(2) to be treated as pending, paragraph 11(2) shall apply on the expiration of one year from the commencement of paragraph 1(2) as if the child was in care pursuant to an order specified in paragraph 11(3)(e).

(3) Sub-paragraphs (4) and (5) only apply where a child who is the subject of a care order by virtue of paragraph 11(2) is a person falling within sub-paragraph (3)(d) or (e) of that paragraph.

(4) Subject to sub-paragraph (5), where a court, on making the order, or at any time thereafter, gave directions under—

(a)Article 46(5)(a) of the Matrimonial Causes (Northern Ireland) Order 1978(7); or

(b)in the exercise of the High Court’s inherent jurisdiction with respect to children,

as to the exercise by the Department or an authority of any powers, those directions shall, subject to the provisions of Article 44 and regulations made under that Article, continue to have effect (regardless of any conflicting provision in this Order other than Article 44 or in such regulations) until varied or discharged by a court under this sub-paragraph.

(5) Where directions referred to in sub-paragraph (4) are to the effect that a child be placed in accommodation provided for the purpose of restricting liberty, then the directions shall cease to have effect upon the expiry of the maximum period specified by regulations under Article 44(3)(a) in relation to children of his description, calculated from the commencement of that Article.

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