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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

158.—(1) In Article 54 (disclosure of birth records of adopted children), in paragraph (1) for “paragraphs (4) to (6)” substitute “the provisions of this Article”.

(2) For paragraphs (3) to (6) substitute the following paragraphs—

(3) Before supplying any information to an applicant under paragraph (1), the Registrar General shall inform the applicant that counselling services are available to him—

(a)if he is in Northern Ireland—

(i)from the Board or HSS trust in whose area he is living;

(ii)where the adoption order relating to him was made in Northern Ireland, from the Board or HSS trust in whose area the court which made the order sat; or

(iii)from any other Board or HSS trust;

(b)if he is in England and Wales—

(i)at the General Register Office;

(ii)from the local authority in whose area he is living;

(iii)where the adoption order relating to him was made in England and Wales, from the local authority in whose area the court which made the order sat; or

(iv)from any other local authority;

(c)if he is in Scotland—

(i)from the regional or islands council in whose area he is living;

(ii)where the adoption order relating to him was made in Scotland, from the council in whose area the court which made the order sat; or

(iii)from any other regional or islands council;

(d)if he is in the United Kingdom and his adoption was arranged by an adoption society—

(i)registered under Article 4; or

(ii)approved under section 3 of the Adoption Act 1976; or

(iii)approved under section 3 of the Adoption (Scotland) Act 1978,

from that society.

(4) Where an adopted person who is in Northern Ireland—

(a)applies for information under—

(i)paragraph (1), or

(ii)section 51 of the Adoption Act 1976, or

(b)is supplied with information under section 45 of the Adoption (Scotland) Act 1978,

it shall be the duty of any body mentioned in paragraph (5) to provide counselling for him if asked by him to do so.

(5) The bodies are—

(a)any Board or HSS trust; and

(b)any adoption society falling within paragraph (3)(d) in so far as it is acting as an adoption society in Northern Ireland.

(6) If the applicant chooses to receive counselling from a body falling within paragraph (3), the Registrar General shall send to the body the information to which the applicant is entitled under paragraph (1).

(7) Where a person—

(a)was adopted before 18th December 1987, and

(b)applies for information under paragraph (1),

the Registrar General shall not supply the information to him unless he has attended an interview with a counsellor arranged by a body from whom counselling services are available as mentioned in paragraph (3).

(8) Where the Registrar General is prevented by paragraph (7) from supplying information to a person who is not living in the United Kingdom, he may supply the information to any body which—

(a)the Registrar General is satisfied is suitable to provide counselling to that person, and

(b)has notified the Registrar General that it is prepared to provide such counselling..

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