The Children (Northern Ireland Consequential Amendments) Order 1995
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NORTHERN IRELAND The Children (Northern Ireland Consequential Amendments) Order 1995
At the Court at Buckingham Palace, the 15th day of March 1995 Present, The Queen's Most Excellent Majesty in Council
1.—(1) This Order may be cited as the Children (Northern Ireland Consequential Amendments) Order 1995. (2) This Order comes into force on such day or days as may be appointed by order made under Article 1(2) of the Children (Northern Ireland) Order 1995[3]. (3) Subject to paragraphs (4) to (7), this Order extends to the whole of the United Kingdom. (4) Articles 6 and 12(5)(a), (b) and (c) extend to England and Wales only. (5) Articles 7(2) and (3) and 12(3) extend to England and Wales and Northern Ireland. (6) Article 12(5)(d) and (e) extend to Scotland only. (7) Article 13 extends to England and Wales and Scotland.
2.—(1) The Maintenance Orders Act 1950[4] shall have effect subject to the following provisions of this Article. (2) In section 12 (contributions under enactments relating to children, etc.)—
(3) In section 15(1)(a) (service of process), for sub-paragraph (v) there shall be substituted the following sub-paragraph—
(4) In section 16(2)(c) (application of Part II)—
(5) In section 18(3) (enforcement of registered orders), for the words from "if it were" to the end there shall be substituted the words "an order made by that court to which Article 98 of the Magistrates' Courts (Norther Ireland) Order 1981 applies, subject to the modifications of that Article specified in subsection (3ZA) of this section". (6) In section 25 (rules as to procedure of courts of summary jurisdiction), after subsection (2) there shall be inserted the following subsection—
3. In section 151 (1A) of the Army Act 1955[5] (deductions from pay for maintenance of wife or child), for paragraph (c) there shall be substituted the following paragraph—
4. In section 151(1A) of the Air Force Act 1955[6] (deductions from pay for maintenance of wife or child), for paragraph (c) there shall be substituted the following paragraph—
5.—(1) The Social Work (Scotland) Act 1968[7] shall have effect subject to the following provisions of this Article. (2) In section 72 (supervision of children moving to England or Northern Ireland), for subsection (2) there shall be substituted the following subsections—
(2A) An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent. (2B) Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order." . (3) In section 74 (parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland), for subsection (5) there shall be substituted the following subsection—
(4) In section 75 (parent of a child subject to a training school order or a committal order moving to Scotland)—
(5) In section 76(4) (procedure)—
(6) In section 94(1) (interpretation) in the definition of "supervision order", for the words from "has the meaning assigned to it by section 63(1)(d)" to "1950" there shall be substituted the words "means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995".
6. In section 12 of the Civil Evidence Act 1968[8] (findings of adultery and paternity as evidence in civil proceedings)—
7.—(1) The Children and Young Persons Act 1969[9] shall be amended in accordance with the following provisions of this Article. (2) In subsection (1) of section 25 (transfers between England or Wales and Northern Ireland) for the words "by a fit person order or by virtue of a training school order or by any order which has effect as if it were a fit person order or by an order under subsection (2) below" there shall be substituted the words "by a relevant order". (3) After subsection (1) of section 25 there shall be inserted the following subsection—
(4) In subsection (1) of section 32 (detention of absentees), in paragraph (d), after the word "1968" there shall be inserted the words "(but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order)".
8. In section 27B(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972[10] (sending application to appropriate magistrates' court), for "28C" substitute "28D(1)".
9. In section 14(9A) of the Armed Forces Act 1981[11] (temporary removal to, and detention in, place of safety abroad or in the United Kingdom of service children in need of care or control), for the words "Children and Young Persons Act (Northern Ireland) 1968" there shall be substituted the words "Children (Northern Ireland) Order 1995".
10. In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982[12] (contributions in respect of children in care, etc.), for the words or section 156 of the "Children and Young Persons Act (Northern Ireland) 1968" there shall be substituted the words "section 156 of the Children and Young Persons Act (Northern Ireland) 1968 or Article 41 of the Children (Northern Ireland) Order 1995".
11.—(1) The Child Abduction and Custody Act 1985[13] shall have effect subject to the following provisions of this Article. (2) In sections 9(a) and 20(2)(a) (suspension of court's powers in cases of wrongful removal and in certain other cases), for the words "section 95(1), 97(2), 143(6) or 144 of the Children and Young Persons Act (Northern Ireland) 1968 (not being a custody order)" there shall be substituted the words "Article 50 of the Children (Northern Ireland) Order 1995". (3) In section 20(2)(a) (suspension of court's powers), at the end there shall be added the word "or". (4) In section 27(4) (references to decision relating to rights of access), after the words "England and Wales" there shall be inserted the words "or Northern Ireland". (5) In Part III of Schedule 3 (orders in Northern Ireland which are custody orders for the purposes of the Act), for paragraph 8 there shall be substituted the following paragraph—
12.—(1) The Family Law Act 1986[14] shall have effect subject to the following provisions of this Article. (2) In section 1 (orders to which Part I applies)—
(3) In section 34(3) (power to order recovery of child), for paragraph (b) there shall be substituted the following paragraph—
(4) In section 42 (general interpretation of Part I), in subsection (4)(c), for the words "has been boarded out with those parties by or on behalf of the Department of Health and Social Services" there shall be substituted "is placed with those parties as foster parents by an authority within the meaning of the Children (Northern Ireland) Order 1995". (5) In the following provisions—
13. In section 26(2) of the Child Support Act 1991[15] (disputes about parentage)—
14.—(1) The Armed Forces Act 1991[16] shall have effect subject to the following provisions of this Article. (2) In section 17(4)(f) (power to make service family child assessment orders), after the words "Children Act 1989" there shall be added the words "or Article 53 of the Children (Northern Ireland) Order 1995". (3) In section 18(7)(f) (content, effect, variation and discharge of assessment orders), after the words "Children Act 1989" there shall be added the words "or Article 53 of the Children (Northern Ireland) Order 1995". (4) In section 20(8)(e) (content and effect of protection orders), after the words "Children Act 1989" there shall be added the words "or Article 53 of the Children (Northern Ireland) Order 1995". (5) In section 21(4)(b) (duration of protection orders), for the words "Children and Young Persons Act (Northern Ireland) 1968" there shall be substituted the words "Children (Northern Ireland) Order 1995" (6) In section 23(1) (interpretation of Part III)—
15. The statutory provisions set out in the Schedule are hereby repealed or revoked to the extent specified in the third column of that Schedule.
16. The repeal or revocation by this Order of any statutory provision relating to affiliation orders shall not affect any order to which paragraph 32 of Schedule 8 to the Children (Northern Ireland) Order 1995 (saving for affiliation orders, etc.) applies and sub-paragraph (3) of that paragraph (power of court to direct that affiliation order shall cease to have effect) shall have effect as if the reference to that Schedule included a reference to this Article.
Notes: [1] 1973 c. 36; section 38 was amended by the Northern Ireland Act 1982 (c. 38), Schedule 2 paragraph 6. back [3] S.I. 1995/755 (N.I. 2). Provision is made by Article 1(2) and (3) for the coming into force of this Order. back [4] 1950 c. 37; section 12(1)(a) and (2) were amended by Article 2(1)(b) and (e) of the Supplementary Benefits, etc., (Consequential Provisions) (Northern Ireland) Order 1977 (S.I. 1977/2158) ("the 1977 Order") and paragraph 38 of Schedule 10 to the Social Security Act 1986 (c. 50) ("the 1986 Act"); section 15(1)(a)(v) was inserted by the Maintenance Orders (Northern Ireland Consequential Amendments) Order 1980 (S.I. 1980/564) ("the 1980 Order") Article 3(3); section 16(2)(c) was amended by the Matrimonial Causes Act 1973 (c. 18) Schedule 2 paragraph 3(1)(b), Article 2(1)(f) of the 1977 Order, Article 3(4) of the 1980 Order, paragraph 39(c) of Schedule 10 to the 1986 Act, the Matrimonial and Family Proceedings (Northern Ireland Consequential Amendment) Order 1989 (S.I. 1989/678) Article 2 and the Social Security (Consequential Provisions) Act 1992 (c. 6) Schedule 2 paragraph 3(1); section 18(3) was amended and repealed in part by the Ministry of Social Security Act 1966 (c. 20) Schedule 8, the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) Schedule 6 Part I paragraph 5 and the Family Law (Northern Ireland Consequential Amendments) Order 1993 (S.I. 1993/1577) Article 2(2)(a); section 25(2) was amended by Part II of Schedule 5 to the Judicature (Northern Ireland) Act 1978 (c. 23). back [5] 1955 c. 18; section 151(1A) was added by the Armed Forces Act 1976 (c. 52), section 18(3) and amended by the Children Act 1989 (c. 41), Schedule 12 paragraph 7. back [6] 1955 c. 19; section 151(1A) was added by the Armed Forces Act 1976 (c. 52), section 18(3) and amended by the Children Act 1989 (c. 41), Schedule 12 paragraph 9. back [7] 1968 c. 49; section 72(2) was amended and repealed in part by the Children and Young Persons Act 1969 ("the 1969 Act") (c.54) Schedule 5 paragraph 58(2) and Schedule 6 and amended by the Criminal Justice Act 1991 (c. 53) Schedule 3 paragraph 9(c); section 74(5) was repealed in part by Schedule 6 to the 1969 Act; section 75(2) and (3) were amended and repealed in part by Schedule 5 paragraph 61 and Schedule 6 to the 1969 Act and amended by the Children Act 1989 (c. 41) Schedule 13 paragraph 22; section 76(4) was amended and repealed in part by Schedule 5 paragraph 62 and Schedule 6 to the 1969 Act; the definition of "supervision order" in section 94(1) was amended by the Courts and Legal Services Act 1990 (c. 41) Schedule 16 paragraph 36. back [8] 1968 c. 64; subsection (1) of section 12 was amended by the Family Law Reform Act 1987 (c. 42) section 29, and the definition of "relevant proceedings" in subsection (5) was substituted by the Courts and Legal Services Act 1990 (c. 41) Schedule 16 paragraph 2 and amended by the Child Support Act 1991 (c. 48) section 27(5). back [9] 1969 c. 54; section 25(1) was amended by the Transfer of Functions (Local Government, etc.) (Northern Ireland) Order 1973 (S.R. & O. (N.I.) 1973 No. 256) Article 3, Schedule 2, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) Schedule 2 paragraph 15(a), and the Children (Prescribed Orders — Northern Ireland, Guernsey and Isle of Man) Regulations 1991 (S.I. 1991/2032), Article 8(1)(a); section 32(1) was repealed in part by the Children Act 1975 (c. 72) section 68(2) and the Child Care Act 1980 (c. 5), Schedule 6. back [10] 1972 c. 18; section 27B was substituted by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56) Schedule 1 paragraph 13. back [11] 1981 c. 55; section 14(9A) was substituted by the Armed Forces Act 1986 (c. 21), section 13(5). Section 14 is prospectively repealed by the Armed Forces Act 1991. back [12] 1982 c. 27; paragraph 5(a) of Schedule 5 was amended by the Children Act 1989 (c. 41), Schedule 13 paragraph 47. back [13] 1985 c. 60; sections 9(a) and 20(2)(a) were amended by the Children Act 1989 (c. 41), Schedule 13 paragraph 57(1); section 20(2)(aa) was inserted by the Family Law Act 1986 (c. 55), Schedule 1 paragraph 29; section 27(4) was added by the Children Act 1989 (c. 41), Schedule 13 paragraph 57(2). back [14] 1986 c. 55; subsections (1)(e) and (3) of section 1 were substituted by the Children Act 1989 (c. 41) Schedule 13 paragraph 63; section 2A was substituted by paragraph 64 of that Schedule; section 34(3) was amended by paragraph 70 of that Schedule; section 42(4) was amended by paragraph 71 of that Schedule. back |
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