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The Children (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

155.  For Article 32 (application of Article 31 where child not placed for adoption) substitute the following Article—

Application of Article 31 where child not placed for adoption

32.(1) Where a person serves a notice in pursuance of Article 22(1) on the Board or HSS trust within whose area he has his home of his intention to apply for an adoption order in respect of a child—

(a)who is (when the notice is given) being looked after by a Board or HSS trust; but

(b)who was placed with that person otherwise than in pursuance of such arrangements as are mentioned in Article 31(1),

Article 31 shall apply as if the child had been placed in pursuance of such arrangements, except that where the application is refused by the court or withdrawn the child need not be returned to the Board or HSS trust in whose care he is unless the Board or HSS trust so requires.

(2) Where notice of intention is served as described in paragraph (1) in respect of any child who is (when the notice is given) being looked after by a Board or HSS trust then, until the application for an adoption order has been made and disposed of, any right of the Board or HSS trust to require the child to be returned to it otherwise than in pursuance of Article 31 shall be suspended.

(3) While the child has his home with the person by whom the notice is served no contribution shall be payable (whether under a contribution order or otherwise) in respect of the child by any person liable under Articles 38 to 43 of the Children (Northern Ireland) Order 1995 to make contributions in respect of him (but without prejudice to the recovery of any sum due at the time the notice is served), unless 12 weeks have elapsed since the service of the notice without the application being made or the application has been refused by the court or withdrawn.

(4) Nothing in this Article affects the right of any person who has parental responsibility for a child to remove him under Article 22(2) of the Children (Northern Ireland) Order 1995..

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