Search Legislation

Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Solicitor for child

13.—(1) A solicitor appointed under Article 60(3) or in accordance with rule 12(2)(a) shall represent the child—

(a)in accordance with instructions received from the guardian ad litem (unless the solicitor considers, having taken into account the views of the guardian ad litem and any direction of the court under rule 12(3), that the child wishes to give instructions which conflict with those of the guardian ad litem and that he is able, having regard to his understanding, to give such instructions on his own behalf in which case he shall conduct the proceedings in accordance with instructions received from the child), or

(b)where no guardian ad litem has been appointed for the child and the condition in Article 60(4)(b) is satisfied, in accordance with instructions received from the child, or

(c)in default of instructions under (a) or (b), in furtherance of the best interests of the child.

(2) A solicitor appointed under Article 60(3) or in accordance with rule 12(2)(a) shall serve and accept service of documents on behalf of the child in accordance with rule 9(4)(a) and (5)(a) and, where the child has not himself been served and has sufficient understanding, advise the child of the contents of any documents so served.

(3) Where the child wishes an appointment of a solicitor under Article 60(3) or in accordance with rule 12(2)(a) to be terminated, he may apply to the court for an order terminating the appointment; and the solicitor and the guardian ad litem shall be given an opportunity to make representations.

(4) Where the guardian ad litem wishes an appointment of a solicitor under Article 60(3) to be terminated, he may apply to the court for an order terminating the appointment; and the solicitor and, if he is of sufficient understanding, the child, shall be given an opportunity to make representations.

(5) When terminating an appointment in accordance with paragraph (3) or (4), the court shall give reasons in writing for so doing and the clerk of petty sessions shall notify the solicitor, the parties, the guardian ad litem and any welfare officer of the termination in Form C42.

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

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