Search Legislation

The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

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..

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Schedule

The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Schedule as a PDF

The Whole Schedule you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources