Search Legislation

The Commissioner for Children and Young People (Northern Ireland) Order 2003

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

The Commissioner for Children and Young People (Northern Ireland) Order 2003, Section 9 is up to date with all changes known to be in force on or before 18 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the The Commissioner for Children and Young People (Northern Ireland) Order 2003

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

General review of advocacy, complaint, inspection and whistle-blowing arrangements of relevant authoritiesN.I.

9.—(1) This Article and Article 10 apply to the following arrangements of a relevant authority—

(a)advocacy arrangements, that is to say arrangements for making persons available—

(i)to represent the views, wishes, needs and interests of children or young persons in relation to whom any functions of the authority are exercisable; and

(ii)to provide such children and young persons—

(A)with information, advice and support to enable or assist them to express their views and wishes to the authority; and

(B)with advice about their rights and best interests;

(b)complaint arrangements, that is to say arrangements for dealing with complaints made to the authority by children and young persons about actions taken in relation to them by that or another relevant authority;

(c)inspection arrangements, that is to say arrangements for examining the state and management of, and the treatment of children or young persons on, any premises managed by that or another relevant authority in which—

(i)a child or young person is living or being looked after;

(ii)a child or young person is being detained under any statutory provision; or

(iii)education, health, welfare or other services are provided for children or young persons; and

(d)whistle-blowing arrangements, that is to say arrangements for ensuring that proper action is taken in response to any disclosure of information which may tend to show—

(i)that a criminal offence has been committed;

(ii)that a person has failed to comply with any legal obligation to which he is subject;

(iii)that the health and safety of any child or young person has been endangered;

(iv)that the rights of any child or young person have been infringed; or

(v)that any matter falling within one of the preceding sub-paragraphs has been deliberately concealed,

in the course of, or in connection with, the exercise by the relevant authority of any of its functions in relation to children or young persons.

(2) Subject to paragraphs (3) and (4), the Commissioner may review the operation of any arrangements to which this Article applies for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the rights and best interests of children and young persons.

(3) The Commissioner shall not exercise his power under paragraph (2) in relation to any arrangements made by a relevant authority unless he has reasonable grounds to believe that—

(a)the arrangements in question are ineffective in safeguarding and promoting the rights and best interests of children and young persons; or

(b)those arrangements have not been operated, or have been operated incorrectly.

(4) The Commissioner shall not review the operation of the inspection arrangements made by a relevant authority unless he is satisfied that no other body or person has power under any statutory provision to review those arrangements.

(5) Where a relevant authority has failed to make any arrangements of a kind mentioned in paragraph (1), the Commissioner may assess the effect of that failure on children and young persons.

(6) The power conferred by this Article to review the operation of any arrangements includes power to review the failure of any such arrangements to operate.

(7) If the Commissioner so determines, Schedule 3 shall apply in relation to an investigation conducted by the Commissioner for the purposes of his functions under this Article in relation to a relevant authority listed in Part II of Schedule 1.

Back to top

Options/Help

Print Options

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources