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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

18.  In section 20 (cruelty to persons under 16)—

(a)in subsection (1), for “the custody, charge or care of” substitute “responsibility for”;

(b)in subsection (2)(a), after “young person” insert “, or the legal guardian of a child or young person”.

19.  In section 21(1) (causing or encouraging seduction or prostitution of girl under 17), for “the custody, charge or care of” substitute “responsibility for”.

20.  In section 23 (allowing children or young persons to be in brothels), for “the custody, charge or care of” substitute “responsibility for”.

21.  In section 24 (causing or allowing persons under 16 to be used for begging)—

(a)in subsection (1), for “the custody, charge or care of” substitute “responsibility for”;

(b)in subsection (2), for “the custody, charge or care of” substitute “responsibility for”.

22.  In section 29(1) (exposing children under 12 to risk of burning), for “the custody, charge or care of” substitute “responsibility for”.

23.  In section 33(2) (mode of charging offences), for the words from the beginning to “charge him” where it first occurs substitute “The same complaint or summons may charge any person”.

24.  For section 35 (notification of Department as to proceedings under Part II) substitute the following section—

35.    Notification as to proceedings under Part II

(1) Where on the complaint of any person charging an offence under this Part with respect to a child or young person a summons or warrant is issued, the complainant shall as soon as reasonably practicable notify to the appropriate authority—

(a)the nature of the charge, and

(b)the name and address of the child, so far as known to the complainant.

(2) Subsection (1) shall not apply where the complainant is the appropriate authority.

(3) In this section “the appropriate authority” means the authority within whose area the child’s address is or, if that is not known, the authority within whose area the offence is alleged to have been committed, and “authority” and “area” have the same meaning as in the Children Order..

25.  For section 36 (interpretation of Part II) substitute the following section—

36.    Interpretation of Part II.

(1) For the purposes of this Part, the following shall be presumed to have responsibility for a child or young person—

(a)any person who—

(i)has parental responsibility for him (within the meaning of the Children Order); or

(ii)is otherwise legally liable to maintain him; and

(b)any person who has care of him.

(2) 6A person who is presumed to be responsible for a child or young person by virtue of subsection (1)(a) shall not be taken to have ceased to be responsible for him by reason only that he does not have care of him..

26.  In section 48 (general considerations), for the words from “, either as” to “, otherwise,” substitute “in any proceedings against him or any other person for any offence”.

27.  In section 52 (attendance at court of parents of child or young person brought before court)—

(a)in subsection (1) for the words from “charged” to “before a court” substitute “is brought before a court in any proceedings against him or any other person for any offence”;

(b)in subsection (7) after the words “supervision order” insert “(including a supervision order under Part V of the Children Order)”;

(c)after subsection (7) insert the following subsection—

(7A) If it appears that at the time of his arrest the child or young person is being provided with accommodation by or on behalf of a Board or HSS trust under Article 21 of the Children Order, that Board or HSS trust shall also be informed as described in subsection (3) as soon as it is reasonably practicable to do so..

28.  For section 53 (notices of charges against and applications relating to children and young persons) substitute the following section—

53.    Notices of charges against children and young persons.

(1) Where a child or young person is to be brought before a court in respect of an offence alleged to have been committed by him, the complainant shall as soon as reasonably practicable notify the day and hour when, and the nature of the charge on which, the child or young person is to be brought before the court—

(a)to a probation officer appointed for or assigned to the petty sessions district in which the court will sit; and

(b)to the appropriate authority.

(2) Subsection (1)(b) shall not apply where the complainant is the appropriate authority.

(3) Where the appropriate authority receives a notification under subsection (1) or itself charges any child or young person with any offence, it shall, except in cases which appear to it to be of a trivial nature, make such investigations and render available to the court such information as to the home surroundings, school record, physical and mental health and character of the child or young person and, in proper cases, as to the availability of accommodation at training schools, as appears to the authority to be likely to assist the court.

(4) The appropriate authority shall be under no obligation under subsection (3) to make investigations as to the home surroundings of children or young persons in any petty sessions district in which arrangements have been made for such investigations to be made by a probation officer.

(5) In this section “the appropriate authority” means the authority within whose area the child or young person is ordinarily resident or, if that is not known, the authority within whose area the child or young person is, and “authority” and “area” have the same meaning as in the Children Order..

29.  In section 55(1) (power to clear court while child or young person is giving evidence in certain cases), for “proceedings” substitute “criminal proceedings”.

30.  In section 56 (form of oath for use in juvenile courts and by children and young persons in other courts)—

(a)in subsection (1), for “subsection (2)” substitute “subsections (2) and (3)”;

(b)after subsection (2) add the following subsection—

(3) This section shall not apply in proceedings to which Article 169 of the Children Order applies (civil proceedings)..

31.  In section 59(1) (power to prohibit publication of certain matter in newspapers and broadcasts), for “proceedings” where it first occurs substitute “criminal proceedings”.

32.  In section 68 (restrictions on newspaper and broadcast reports of proceedings in juvenile courts and on appeal therefrom)—

(a)in subsection (1)(a), for “proceedings” where it first occurs substitute “criminal proceedings”;

(b)in subsection (4), for “as they apply in relation to” substitute “in criminal proceedings as they apply in relation to such”.

33.  In section 81 (general provisions as to supervision orders), for subsection (4) substitute the following subsection—

(4) An officer or a member of a Board or HSS trust or an education and library board shall not be appointed under subsection (1) in his capacity as such an officer or member..

34.  In section 88(3) (conveyance of children or young persons to training school)—

(a)for “Ministry” substitute “Secretary of State”;

(b)for “Parliament” substitute “the Parliament of the United Kingdom”.

35.  In section 89 (supervision and recall after expiration of order)—

(a)in subsection (3), for “Minister” wherever it occurs substitute “Secretary of State”;

(b)in subsection (4)(a), for “Minister” substitute “Secretary of State”;

(c)in subsection (5), for “Ministry” in both places where it occurs and “Minister's” substitute in each case “Secretary of State”.

36.  In section 90 (extension of period of detention in training schools)—

(a)in subsection (1), for “Minister” substitute “Secretary of State”;

(b)in subsection (2), for “Minister” substitute “Secretary of State”.

37.  In section 91(4) (provisions as to making, duration and effect of fit person orders) for “the same rights and powers” substitute “parental responsibility for him”.

38.  For section 96(1) (powers of other courts), substitute the following subsections—

(1) Where it appears to any court by or before which a person is convicted of having committed in respect of a child or young person any of the offences mentioned in Schedule 1 (not being an offence which resulted in the death of the child or young person) that it may be appropriate for a care or supervision order to be made with respect to him under the Children Order, the court may direct the appropriate Board or HSS trust to undertake an investigation of the child’s circumstances.

(1A) Paragraphs (2) to (6) of Article 56 of the Children Order (power of court in family proceedings to direct investigation into child’s circumstances) shall have effect where the court gives a direction under this section as they have effect where a court gives a direction under that Article..

39.  For section 97(3) (power of probation officer, etc., to bring child or young person before court) substitute the following subsection—

(3) The Magistrates' Courts (Northern Ireland) Order 1981 shall apply in relation to recognizances under subsection (2)(b) as it applies in relation to recognizances to be of good behaviour, and where such a recognizance is ordered to be estreated, the court, instead of ordering the person bound by the recognizance to pay the sum in which he is bound or part of the sum, may remit payment of it..

40.  In section 101(3) (provisions supplemental to section 100) for “or justice of the peace who” substitute “which”.

41.  After section 132 (provision of remand homes) insert the following section—

Appeals.

132A.(1) Where under subsection (5) of section 132 it is proposed to remove a remand home from the register, the person having charge of or control over the premises may within twenty-eight days from the service of the notice under that subsection appeal to a tribunal (in this section called “an Appeal Tribunal”) constituted in accordance with the provisions of Schedule 4 against the proposal; and the home shall not be removed from the register before the determination of the appeal.

(2) An appeal under this section shall be brought by notice served on the Secretary of State requiring him to refer the proposal to an Appeal Tribunal.

(3) On an appeal under this section an Appeal Tribunal may—

(a)confirm the proposal, or

(b)direct that the home shall be registered,

and the Secretary of State shall comply with the direction.

(4) The Secretary of State may—

(a)pay to members of Appeal Tribunals such fees and allowances as he, with the approval of the Treasury, may determine;

(b)defray the expenses of such tribunals up to such amount as he, with the approval of the Treasury, may determine.

(5) An Appeal Tribunal may—

(a)by summons require any person to attend, at such time and place as is set forth in the summons, to give evidence or to produce any documents or articles in his custody or under his control which relate to any appeal or other matter pending before the Tribunal;

(b)hear, receive and examine evidence on oath and for that purpose may administer oaths, or instead of administering an oath require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined; and

(c)also exercise the powers conferred by Schedule 4.

(6) Every person who—

(a)refuses or wilfully neglects to attend in obedience to a summons issued under subsection (5) or to give evidence; or

(b)wilfully alters, suppresses, cancels or destroys or refuses to produce any document or article which he may be required to produce by virtue of that subsection,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(7) Any person entitled to appeal to an Appeal Tribunal may appear and be heard on any such appeal either in person or by counsel or solicitor..

42.  In section 137 (approval of training schools), after subsection (5) add the following subsections—

(6) At the request of the managers of a training school, the Secretary of State shall amend the certificate of approval of the school to exclude any premises on which it is proposed to carry on a voluntary home, and the amendment shall take effect on the date of the registration of the home under the Children Order or on such other date as the Secretary of State may specify.

(7) Nothing in any statutory provision or any deed or other instrument passed or made before the making of the Children Order shall prevent the managers of a training school from carrying on a voluntary home..

43.  In section 141 (effect of training school order where certain other orders are in force), for subsections (2) and (3) substitute the following subsections—

(2) Where a person is subject to a care order under the Children Order and while the care order is in force a training school order is made with respect to that person, the care order shall be of no effect while he is under the care of the managers of the training school.

(3) Where a person has ceased to be in the care of a Board or HSS trust by virtue of subsection (1) or (2), the Board or HSS trust may, while the person is under the care of the managers of the training school but not out under supervision, cause him to be visited and befriended, and may, in exceptional circumstances, make payments for his welfare..

44.  In section 142 (general provisions as to children and young persons committed to the care of fit persons)—

(a)in subsection (2), for “Ministry” substitute “Secretary of State”;

(b)in subsection (3)—

(i)for the words from the beginning to “think fit” substitute “The Secretary of State may board out children and young persons committed to his care for such periods and on such terms as to payment and otherwise as he thinks fit”;

(ii)in paragraph (b), for “the Ministry of Home Affairs” substitute “the Secretary of State”;

(c)in subsection (4), for “the Ministry of Home Affairs” and “the Ministry” substitute in each case “the Secretary of State”.

45.  In section 143 (variation and discharge of orders committing children and young persons to care)—

(a)in subsection (1), for “Minister” substitute “Secretary of State”;

(b)in subsection (2), for “Minister” in each place where it occurs substitute “Secretary of State”;

(c)in subsection (6)—

(i)for “The Ministry of Home Affairs who are” substitute “The Secretary of State, if he is”;

(ii)for “their” substitute “his”;

(iii)for “his interests” substitute “the interests of the child or young person”;

(d)for subsection (7) substitute the following subsection—

(7) Sections 99 to 101 shall apply where an application with respect to a child or young person is or is about to be made to a juvenile court under subsection (4) or (6) as they apply where a person is or is about to be brought before a juvenile court under section 97 and as if the references in sections 99 and 101(1) to section 97 were references to subsection (4) or (6)..

46.  In section 144(2) (escapes from care of fit persons)—

(a)for “the Ministry of Home Affairs” substitute “the Secretary of State”;

(b)for “he” substitute “the child or young person”;

(c)for “the Ministry direct” substitute “the Secretary of State directs”.

47.  In section 145 (return to family of persons committed to care of Department or Secretary of State)—

(a)in subsection (1)—

(i)for “the Ministry of Home Affairs” and in each place where it occurs “the Ministry” substitute “the Secretary of State”;

(ii)for “they otherwise determine” substitute “he otherwise determines”;

(b)in subsection (2), for “the Ministry of Home Affairs” and in each place where it occurs “the Ministry” substitute “the Secretary of State”;

(c)in subsection (3), for “the Ministry of Home Affairs” and “the Ministry” substitute “the Secretary of State”;

(d)in subsection (4)—

(i)in paragraph (a), for “the Ministry of Home Affairs” and “the Ministry” substitute “the Secretary of State”;

(ii)in paragraph (b), for “the Ministry at any time determine under subsection (1) that he” substitute “the Secretary of State at any time determines under subsection (1) that the first-mentioned person”;

(iii)in paragraph (c), for “the Ministry with respect to his return to the Ministry” substitute “the Secretary of State with respect to the return of the first-mentioned person to the Secretary of State”;

(iv)for “the Ministry” in the last place where it occurs substitute “the Secretary of State”.

48.  For section 147 (acquisition of land) and section 147A (power to enter on lands) substitute the following sections—

147.    Acquisition of land.

(1) For the purposes of this Act the Secretary of State may acquire land by agreement or compulsorily.

(2) Where the Secretary of State desires to acquire land compulsorily the provisions of Article 48 of and Schedule 7 to the Health and Personal Social Services (Northern Ireland) Order 1972 with respect to the acquisition of land shall apply as if any reference to the Department of Health and Social Services were a reference to the Secretary of State and as if any reference to that Order were a reference to this Act.

147A.    Power to enter on lands.

Article 49 of the Health and Personal Social Services (Northern Ireland) Order 1972 shall apply for the purposes of this Act as if any reference to the Department of Health and Social Services were a reference to the Secretary of State and as if any reference to that Order were a reference to this Act..

49.  In section 148 (expenses)—

(a)for “Parliament” substitute “the Parliament of the United Kingdom”;

(b)for “Ministry” in both places where it occurs substitute “Secretary of State”.

50.  In section 151 (grants for training in child care)—

(a)in subsection (1), for “Ministry with the consent of the Ministry of Finance” and “the Ministry” substitute respectively “Secretary of State with the consent of the Treasury” and “him”;

(b)in subsection (2), for “Ministry” where it first occurs and “it may with the consent of the Ministry of Finance” substitute respectively “Secretary of State” and “he may with the consent of the Treasury”.

51.  In section 163 (duty of police to notify Department in certain circumstances)—

(a)in subsection (1) for “the Ministry of Home Affairs” substitute “the appropriate authority”;

(b)for subsection (2) substitute the following subsections—

(2) Where an authority is notified under subsection (1) that a child or young person may be in need of advice, guidance or assistance, it shall make or cause to be made such enquiries as it considers necessary to enable it to decide whether it should take any action to safeguard or promote the child’s welfare.

(3) In this section “the appropriate authority” means the authority within whose area the child is ordinarily resident or, if that is not known, the authority within whose area the child is, and “authority” and “area” have the same meaning as in the Children Order..

52.  For section 167 (inquiries and investigations) and section 168 (power of inspection) substitute the following sections—

167.    Inquiries and investigations.

The Secretary of State may cause an inquiry to be held or an investigation to be made in any case where it appears to him advisable to do so in connection with any matter arising under this Act.

168.    Power of inspection.

(1) An authorised person may, on production of his credentials, at any reasonable time enter any premises in which a person under the age of eighteen is maintained under this Act and—

(a)inspect the premises; and

(b)make such examination into the state and management of the premises and the condition and treatment of such persons there as he thinks requisite.

(2) A person who wilfully obstructs an authorised person in the execution of his duties under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In this section “an authorised person” means a person authorised by the Secretary of State..

53.  In section 180(1) (interpretation)—

(a)after the definition of “the Act of 1950” insert the following definition—

“Board” means a Health and Social Services Board;;

(b)for the definition of “child” substitute the following definitions—

“child” means a person under the age of fourteen;

Children Order” means the Children (Northern Ireland) Order 1995;;

(c)in the definition of “guardian”, for “charge of or control over” substitute “care of”;

(d)for the definition of “HSS home” and “HSS trust” substitute the following definition—

“HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991;;

(e)in the definition of “legal guardian”, for the words from “a person” to “his guardian” substitute “a guardian of a child as defined in the Children Order”;

(f)for the definition of “parental rights order” substitute the following definition—

“parental responsibility” has the same meaning as in the Children Order;;

(g)after the definition of “remand home” insert the following definition—

“responsibility” shall be construed in accordance with section 36;.

54.  In Schedule 1 (offences against children and young persons with respect to which special provisions of the Act apply)—

(a)in the entry relating to sections 20, 21, 22, 23, 24, 29 and 42 of the Act for “, 29 and 42” substitute “and 29”;

(b)at the end add the following entry—

  • Any offence under Article 147(2) of the Children Order in respect of a contravention of Article 141 of that Order..

55.  In Schedule 3 (supervision orders), at the end of paragraph 3 add the following sub-paragraph—

(3) Without prejudice to its power under sub-paragraph (1), where the person under supervision is subject to a care order under Part V of the Children Order, the juvenile court may discharge the supervision order on the application of a Board or HSS trust or, where the care order is revoked, without any application..

56.  In Schedule 4 (Appeal Tribunals)—

(a)in paragraph 1 for “Minister” substitute “Secretary of State”;

(b)renumber paragraph 2 as paragraph 2(1) and at the end add the following sub-paragraph—

(2) In this paragraph “government department” includes a department of the Government of the United Kingdom.;

(c)in paragraph 5 for “Ministry” and “its” substitute “Secretary of State” and “his”;

(d)in paragraph 6 for “Ministry” in each place where it occurs substitute “Secretary of State”.

57.  In Schedule 5 (provisions as to administration of training schools and treatment of persons sent there), in paragraph 14, for sub-paragraph (1) substitute the following sub-paragraphs—

(1) While a person is under the care of the managers of a training school they shall—

(a)have parental responsibility for him; and

(b)have the power (subject to sub-paragraph (1A)) to determine the extent to which a parent of that person may meet his parental responsibility for him.

(1A) The managers may only exercise the power in sub-paragraph (1)(b) where—

(a)a person out under supervision from a training school is lawfully living with his parents or either of them; and

(b)the managers are satisfied that it is necessary to exercise the power in order to safeguard or promote the welfare of that person..

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