- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Sexual Offences (Northern Ireland) Order 2008 No. 1769
34.—(1) The relation of one person (A) to another (B) is within this Article if—
(a)it is within any of paragraphs (2) to (4), or
(b)it would be within one of those paragraphs but for Article 40 of the Adoption (Northern Ireland) Order 1987 (NI 22) (status conferred by adoption).
(2) The relation of A to B is within this paragraph if—
(a)one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or
(b)A is or has been B’s foster parent.
(3) The relation of A to B is within this paragraph if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and—
(a)one of them is or has been the other’s step-parent,
(b)A and B are cousins,
(c)one of them is or has been the other’s stepbrother or stepsister, or
(d)the parent or present or former foster parent of one of them is or has been the other’s foster parent.
(4) The relation of A to B is within this paragraph if—
(a)A and B live in the same household, and
(b)A is regularly involved in caring for, training, supervising or being in sole charge of B.
(5) For the purposes of this Article—
(a)“aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning;
(b)“cousin” means the child of an aunt or uncle;
(c)a person is a child’s foster parent if—
(i)he is a person with whom the child has been placed under Article 27(2)(a) or 75(1)(a) of the 1995 Order (fostering), or
(ii)he fosters the child privately, within the meaning given by Article 106(1) of the 1995 Order;
(d)a person is another’s partner (whether they are of different sexes or the same sex) if they live together as partners in an enduring family relationship;
(e)“step-parent” includes a parent’s partner and “stepbrother” and “stepsister” include the child of a parent’s partner.
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