Statutory Rules of Northern Ireland
2006 No. 480
children
The Children (Prescribed Orders – Isle of Man and Guernsey) Regulations (Northern Ireland) 2006
Made
27th November 2006
Coming into operation
21st December 2006
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Children (Prescribed Orders – Isle of Man and Guernsey) Regulations (Northern Ireland) 2006 and shall come into operation on 21 December 2006.
(2) In these Regulations —
“the Order” means the Children (Northern Ireland) Order 1995;
“the Act of Tynwald” means the Children and Young Persons Act 2001 (an Act of Tynwald) (3);
“the Guernsey Department” means the States Department of Health and Social Services of Guernsey;
“the Isle of Man Department” means the Department of Health and Social Security of the Isle of Man.
Transfer of care orders to Northern Ireland from the Isle of Man
2.—(1) A care order under section 31 of the Act of Tynwald (being made by a court in the Isle of Man which appears to the Department to correspond in its effect to an order which may be made under the Order) shall in the circumstances prescribed in paragraph (2) have effect for all purposes of the Order as if it were a care order under Article 50 of the Order.
(2) The circumstances prescribed are —
(a)the court has given its approval under paragraph 6(2) of Schedule 2 to the Act of Tynwald to the Isle of Man Department arranging or assisting in arranging for the child to live in Northern Ireland; and
(b)the authority has agreed in writing to receive the child into its care.
Transfer of care orders from Northern Ireland to the Isle of Man
3. The conditions prescribed for the purposes of Article 180(1) of the Order in the case of a child who is taken to live in the Isle of Man are that —
(a)the court has given its approval under Article 33(1) of the Order to the authority arranging or assisting in arranging for the child to live in care in the Isle of Man;
(b)the Isle of Man Department has notified the court referred to in paragraph (a) that it agrees to receive the child into its care; and
(c)the authority has notified the court referred to in paragraph (a) that it agrees to the Isle of Man Department receiving the child into its care.
Transfer of care orders from Northern Ireland to Guernsey
4. The conditions prescribed for the purposes of Article 180(1) of the Order in the case of a child who is taken to live in Guernsey are that —
(a)the court has given its approval under Article 33(1) of the Order to the authority arranging or assisting in arranging for the child to live in care in Guernsey;
(b)the Guernsey Department has notified the Guernsey Juvenile Court in writing that it agrees to receive the child into its care;
(c)the authority has notified the Guernsey Juvenile Court in writing that it agrees to the Guernsey Department receiving the child into its care; and
(d)the Guernsey Juvenile Court has made a fit person order in respect of the child.
Transfer of recovery orders to Northern Ireland from the Isle of Man
5. For all purposes of the Order, a recovery order under section 49 of the Act of Tynwald (being an order made by a court in the Isle of Man which appears to the Department to correspond in its effect to an order which may be made under the Order) shall have effect as if it were a recovery order made under Article 69 of the Order.
Revocation
6. The Children (Prescribed Orders – Isle of Man and Guernsey) Regulations (Northern Ireland) 1996 (4) are revoked.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 27 November 2006
Paul Martin
A senior officer of the
Department of Health, Social Services and Public Safety
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for certain orders made in the Isle of Man to have effect in Northern Ireland, and for certain orders made in Northern Ireland to have effect in the Isle of Man and Guernsey.
Regulation 2 provides that in certain circumstances a care order made in the Isle of Man may have effect as if it were a care order made under Article 50 of the Children (Northern Ireland) Order 1995 (“the 1995 Order”).
Regulations 3 and 4 allow for the transfer of a child in care under Article 50 of the 1995 Order, to the care of the Department of Health and Social Security in the Isle of Man or the States Department of Health and Social Services of Guernsey respectively, subject to certain conditions being met.
Regulation 5 allows for a recovery order made in the Isle of Man to have effect as if it were a recovery order under Article 69 of the 1995 Order.
Regulation 6 revokes the Children (Prescribed Orders – Isle of Man and Guernsey) Regulations (Northern Ireland) 1996, which are superseded by these regulations.
Formerly the Department of Health and Social Services: See Article 3.(6) of S.I. 1999/283 (N.I. 1)
2001 c. 20 (Isle of Man)