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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

138.—(1) Article 2(2) (interpretation) shall be amended in accordance with the following provisions of this paragraph.

(2) In the definition of “adoption agency” (which includes for the purposes of Articles 11 and 21 adoption agencies in England and Wales and Scotland), for the words “and 21” substitute “, 13, 17 to 22, 24 and 28 to 32”.

(3) For the definition of “adoption order” substitute the following definition—

“adoption order”—

(a)

means an order under Article 12(1);

(b)

in Articles 12(3) and (4), 17 to 20, 25(3), 28, 29 and 31 to 33 includes an order under section 12 of the Adoption Act 1976 or section 12 of the Adoption (Scotland) Act 1978 (adoption orders in England and Wales and Scotland);

(c)

in Articles 28, 29 and 31 to 33 includes an order under Article 57, section 55 of the Adoption Act 1976 or section 49 of the Adoption (Scotland) Act 1978 (adoption by persons domiciled outside Northern Ireland or England and Wales or Scotland);.

(4) For the definition of “guardian” substitute the following definition—

“guardian” has the same meaning as in the Children (Northern Ireland) Order 1995;.

(5) For the definition of “order freeing a child for adoption” substitute the following definition—

“order freeing a child for adoption” means an order under Article 17(1) or 18(1) and in Articles 28(2) and 58A(1) includes an order under section 18 of the Adoption Act 1976 or section 18 of the Adoption (Scotland) Act 1978;.

(6) For the definition of “the parental rights and duties” substitute the following definitions—

“parent” means, in relation to a child, any parent who has parental responsibility for the child under the Children (Northern Ireland) Order 1995;

“parental responsibility” and “parental responsibility agreement” have the same meaning as in the Children (Northern Ireland) Order 1995;.

(7) For the definition of “prescribed” substitute the following definition—

“prescribed” in Articles 4, 33 and 59 means prescribed by regulations made by the Department, in Articles 54 and 54A means prescribed by regulations made by the Department of Finance and Personnel and elsewhere means prescribed by adoption rules;.

(8) In the definition of “relative” omit “, where the child is illegitimate, the father of the child and” and for “the child were the legitimate child of his mother and father” substitute “Article 155 of the Children (Northern Ireland) Order 1995 applied to this definition”.

(9) After the definition of “statutory provision” insert the following definition—

“upbringing” has the same meaning as in the Children (Northern Ireland) Order 1995;.

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