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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

The Marriages Act (Northern Ireland) 1954 (c. 21)

10.  In section 1 (consent to marriage of minors)—

(a)in subsection (1)—

(i)for “minor” substitute “child”;

(ii)for “the Schedule to this Act” substitute “subsection (1A) of this section”;

(b)after subsection (1) insert the following subsection—

(1A) The consents are—

(a)subject to paragraphs (b) to (d) of this subsection, the consent of—

(i)each parent (if any) of the child who has parental responsibility for him; and

(ii)each guardian (if any) of the child;

(b)where a residence order is in force with respect to the child, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection);

(c)where a care order is in force with respect to the child, the consent of the Health and Social Services Board or Health and Social Services trust designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection);

(d)where neither paragraph (b) nor paragraph (c) of this subsection applies but a residence order was in force with respect to the child immediately before he reached the age of 16, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection)..

11.  In section 2 (order dispensing with consent)—

(a)for “minor” wherever it occurs substitute “child”;

(b)in subsection (1), for paragraphs (a) to (c) substitute the following paragraphs—

(a)it is not reasonably practicable to obtain the consent of any person whose consent is required; or

(b)any person whose consent is required withholds or refuses his consent; or.

12.  In section 6 (interpretation)—

(a)in subsection (1), insert before the definition of “contravention” the following definition—

“child” means a person over the age of 16, and under the age of 18, years;;

(b)after subsection (1), insert the following subsection—

(1A) In this Act “care order”, “guardian of a child”, “Health and Social Services trust”, “parental responsibility” and “residence order” have the same meaning as in the Children (Northern Ireland) Order 1995..

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