The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003

The Children (Northern Ireland) Order 1995 (NI 2)

In Article 2(2) (interpretation)—

(a) after the definition of “Adoption Order” insert the following definition—

““appropriate children’s home” has the meaning given in Article 27(10);”;

(b) after the definition of “care order” insert the following definition—

““Care Tribunal” means the tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”;

(c) in the definition of “children’s home” for the words from “given” to the end substitute “assigned to it by Article 9 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”;

(d) in the definition of “nursing home” for the words from “Article 16” to the end substitute “Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) Act (Northern Ireland) 2003”;

(e) after the definition of “prescribed” insert the following definition—

““private children’s home” means a children’s home—

(a)

in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; and

(b)

which is not a home provided under Part VII or a voluntary home;”;

(f) after the definition of “registered children’s home” insert the following definition—

““Regulation and Improvement Authority” means the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority;”;

(g) in the definition of “residential care home” for the words from “Article 3” to the end substitute “Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”;

In Article 27 (accommodation and maintenance for children looked after by an authority)—

(a)

in paragraph (2), for sub-paragraphs (b) to (e) substitute the following sub-paragraph—

“(aa) maintaining him in an appropriate children’s home;”;

(b)

after paragraph (9) add the following paragraph—

“(10) In this Order “appropriate children’s home” means a children’s home in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.”.

In Article 35 (advice and assistance for certain children) as it has effect before the commencement of the Children (Leaving Care) Act (Northern Ireland) 2002, in paragraph (2)(c) for “registered” substitute “private”.

In Article 35 (persons qualifying for advice and assistance) as it has effect after the commencement of the Children (Leaving Care) Act (Northern Ireland) 2002, in paragraph (2)(c) for “registered” substitute “private”.

In Article 35C (information), in paragraph (2)(a) for “registered” substitute “private”.

In Article 37 (supplementary), in paragraph (4)(a) for “registered” substitute “private”.

In Article 70(1) (refuges for children at risk), for “registered” substitute “private”.

In Article 74(1) (definition of “voluntary home”, etc.), for the definition of “voluntary home” substitute the following definition—

““voluntary home” means a children’s home which is carried on by a voluntary organisation;”.

In Article 75(1) (provision of accommodation for children by voluntary organisations), for sub-paragraphs (b) to (e) substitute the following sub-paragraph—

“(aa) maintaining him in an appropriate children’s home;”.

In Article 77 (duties of an authority in relation to children provided with accommodation by voluntary organisations) in paragraph (5)(c), for “Article 89” substitute “Article 23 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”.

In Article 78 (persons disqualified from carrying on, or being employed in, voluntary homes)—

(a) in paragraphs (1)(a) and (2)(a), for “authority” substitute “Regulation and Improvement Authority”;

(b) in paragraphs (1)(b) and (2)(b), for “the consent of the authority” substitute “its consent”;

(c) in paragraph (3)—

(i) for “an authority” substitute “the Regulation and Improvement Authority”;

(ii) for “the authority” substitute “it”;

(iii) for sub-paragraph (b) substitute—

“(b) the applicant’s right to appeal under Article 78A against the refusal to the Care Tribunal; and”.

After Article 78 insert—

“Appeal against refusal of consent under Article 78

78A.— (1) An appeal against a decision of the Regulation and Improvement Authority under Article 78 shall lie to the Care Tribunal.

(2) On an appeal the Care Tribunal may confirm the decision of the Regulation and Improvement Authority or direct it to give the consent in question.”.

In the heading to Part IX, before “CHILDREN'S HOMES” insert “PRIVATE”.

In Article 90(3) (references to an authority), before “children’s home” insert “private”.

In Article 91(4) (circumstances in which a person may foster more than three children without being treated as carrying on a children’s home), after “treated” insert “for the purposes of this Order and the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”.

In Article 92 (duties of person carrying on children’s home)—

(a) in the heading,

(b) in paragraph (1), and

(c) in paragraph (4),

before “children’s home” insert “private”.

In Article 93 (duties of an authority)—

(a) in paragraphs (1), (2), (3)(a), (4) and (5)(a), before “children’s home” insert “private”;

(b) in paragraph (5)(c) for “Article 105” substitute “Article 23 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”.

In Article 94 (persons disqualified from carrying on, or being employed in, children’s homes)—

(a) in the heading before “children’s homes” insert “private”;

(b) in paragraphs (1)(a) and (2)(a), for “authority” substitute “Regulation and Improvement Authority”;

(c) in paragraphs (1)(b) and (2)(b), for “the consent of the authority” substitute “its consent”;

(d) in paragraph (3)—

(i) for “an authority” substitute “the Regulation and Improvement Authority”;

(ii) for “the authority” substitute “it”;

(iii) for sub-paragraph (b) substitute—

“(b) the applicant’s right to appeal under Article 94A against the refusal to the Care Tribunal; and”.

After Article 94 insert the following Article—

“Appeal against refusal of consent under Article 94

94A.— (1) An appeal against a decision of the Regulation and Improvement Authority under Article 94 shall lie to the Care Tribunal.

(2) On an appeal the Care Tribunal may confirm the decision of the Regulation and Improvement Authority or direct it to give the consent in question.”.

In Article 105(1)(a) (regulations as to placing of children), for “registered” substitute “private”.

In Article 106 (interpretation)—

(a) in paragraph (1) in the definition of “privately fostered child” after “accommodation” insert “in their own home”;

(b) in paragraph (2)(a) for “, 91 and 95” substitute “and 91”;

(c) after paragraph (3) add the following paragraph—

“(3A) The Department may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person’s own home.”.

In Article 107(3) (privately fostered children further defined)—

(a) sub-paragraph (b) shall cease to have effect;

(b) for “sub-paragraphs (b)” in both places where it occurs substitute “sub-paragraphs (c)”.

In Article 149(5) (persons required to furnish information, etc.), after sub-paragraph (i) add the following sub-paragraph—

“(j) any person carrying on a fostering agency (within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003)”.

In Article 153(2) (representations concerning child care training), for sub-paragraph (a) substitute the following sub-paragraph—

“(a) the Northern Ireland Social Care Council;”.

• In Article 176 (children accommodated in schools)—

  (a)

  in paragraph (2) for “within the area of an authority, the authority” substitute “the Regulation and Improvement Authority”;

  (b)

  in paragraph (3)—

  (i)

  for “an authority” substitute “it”;

  (ii)

  for “within the authority’s area, the authority” substitute “the Regulation and Improvement Authority”;

  (c)

  for paragraph (4) substitute the following paragraph—

  “(4) Where accommodation is, or is to be, provided for a child by any school, a person authorised by the Regulation and Improvement Authority may, for the purpose of enabling that Authority to discharge its duty under this Article, enter at any time any premises which are, or are to be, premises of the school.”.

In Schedule 5 (foster parents: limits on number of foster children), in paragraph 5(1) after “treated” insert “for the purposes of this Order and the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003”.