Magistrates' Courts (Children and Young Persons) (Amendment) Rules (Northern Ireland) 1996

Rule 2

SCHEDULE Amendments to the Principal Rules

1.  In rule 5 the words from “and, so far as applicable” to the end are revoked.

2.  For the heading in Part III there shall be substituted “VARIATION AND REVOCATION OF ORDERS”.

3.  In rule 17 the words “dealt with in pursuance of section 95 or 96 of the Act and shall, subject to this Part, apply also in the case of a child or young person” are revoked.

4.  In rule 18.

(a) in paragraph (1) the words “section 95 or 96 or” are revoked; and

(b) in paragraph (2) the words “Where the application is under Section 97 or Section 143(4) of the Act” are revoked.

5.  In rule 25 the words “that the child or young person comes within the description mentioned in the application or where the application is under section 97 or section 143(4), (5) or (6)” are revoked.

6.  In rule 31(1) for the words “section 95, 96 or 143(4) or (6) of the Act or paragraphs 7 and 9 of Schedule 9 to the Education and Libraries (Northern Ireland) Order 1972,” there shall be substituted the words “section 143(4) or (6) of the Act”.

7.  In rule 34 for the words “charged with an offence, or is for any reason brought before a court” there shall be substituted the words “brought before a court in any proceedings against him or any other person for any offence”.

8.  Rules 21, 24, 27, 32 and 33 are revoked.

9.  In the heading to Form 5, the words “Care, Protection or Control” are revoked.

10.  In Form 6—

(a) the words “a child [or young person under the age of seventeen years] in respect of whom an offence mentioned in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968 has been, or is believed to have been, committed, that is to say (state particulars of offence)” are revoked; and

(b) for the words “section [94] [96] [97]” there shall be substituted the words “section 97”.

11.  In Forms 9, 10, 12 and 70 the words “[or Special Reception Centre]” wherever they appear are revoked.

12.  In Form 14—

(a) in the heading the words “Care, Protection or Control” are revoked;

(b) for the words “section [8] [18] [32] [99] of the Children and Young Persons Act (Northern Ireland) 1968 [or section 14 of the Adoption Act (Northern Ireland) 1967] [or has taken refuge in a place of safety]” there shall be substituted the words “section 99 of the Children and Young Persons Act (Northern Ireland) 1968”;

(c) the words “[a child under the age of 5]” are revoked; and

(d) for the words “section [95] [97] has” there shall be substituted the words “section 97 has”.

13.  In Form 17—

(a) in the heading the words “156(2) and 158(2)” are revoked;

(b) in the body of the form the words—

“[And it is further ordered that

residing at(¹)

being the father/

• mother of the Defendant, shall pay to the Ministry of Home Affairs a weekly sum of until the Defendant ceases to be under the care(²) of the managers of a Training School and a further sum of for costs].

• [And it is further ordered that the payments by (¹) residing at

• the putative father of the Defendant, under the affiliation order(³) of the Court of Summary Jurisdiction sitting at

• dated the day of 19 , be made to the Ministry of Home Affairs]”, are revoked; and

(c) Notes (1), (2) and (3) are revoked.

14.  In Forms 20, 21 and 22—

(a) in the body of the form the words—

• “[And it is further ordered that

residing at

being the father/

mother of the said child [or young person or person], shall pay to the Ministry of Home Affairs a weekly sum of until the said child [or young person or person] ceases to be under the care of the managers of a Training School(²) and a further sum of for costs].

[And it is further ordered that the payments by

• (¹) residing at

• the putative father of the said child [or young person or person], under the affiliation order of the Court of Summary Jurisdiction sitting at

• dated the day of 19 , be made to the Ministry of Home Affairs(³)]”.are revoked;

(b) Notes (1), (2) and (3) are revoked; and

(c) in the endorsement the words—

“It is hereby certified that the within named child being under the age of 10 years cannot suitably be dealt with other than by being sent to a Training School for the following reason:—”

• are revoked.

15.  In Form 31—

(a) in the body of the form the words

• “And it is further ordered that

• residing(¹) at

• being the father/mother of the Defendant, shall pay

• a weekly sum of shillings and pence [to be applied by him/her in or towards the maintenance or otherwise for the benefit of the Defendant] for so long as this order shall remain in force or until he is allowed under section 145(1) of the Children and Young Persons Act (Northern Ireland) 1968 to be under the control of a parent, guardian, relative, next of kin or friend or until he/she attains the age of sixteen years whichever is the earlier.

• [And it is further ordered that the payments by

• residing(¹) at ,

• the putative father of the Defendant under the affiliation order(³) of the Court of Summary Jurisdiction sitting at ,

• dated the day of 19 , be made to the said

• ]” are revoked; and

(b) Notes (1), (2) and (3) are revoked.

16.  In Forms 34, 36 and 39—

(a) in the body of the form the words—

• “And it is further ordered that

• residing at being the

father/mother of the said child [or young person or person] shall pay to the said

a weekly sum of and pence [to be applied by him in or towards the maintenance or otherwise for the benefit of the said child [or young person or person] for so long as this order shall remain in force or until he is allowed under section 145(1) of the Children and Young Persons Act (Northern Ireland) 1968 to be under the control of a parent, guardian, relative, next of kin or friend or until he/she attains the age of sixteen years whichever is the earlier.

[And it is further ordered that the payments by

• residing(¹) at

• the putative father of the said child [or young person or person] under the affiliation order(³) of the Court of Summary Jurisdiction sitting at

• dated the day of 19 , be made to the said

• ]” are revoked; and

(b) Notes (1), (2) and (3) are revoked.

17.  In Form 71 the words “[section 105(8) or (9) (assisting running away from authority having parental rights order)]” are revoked.

18.  Forms 7, 8, 18, 19, 23, 24, 32, 33, 37, 38, 42, 43, 47, 48, 60A, 61, 62, 63, 64, 65, 66 and 73 are revoked.