Part I Care and other treatment of juveniles through court proceedings
Transfer
C4E225 Transfers between England or Wales and Northern Ireland.
1
If it appears to the Secretary of State, on the application of the welfare authority or the managers of the training school to whose care a person is committed F19by a relevant order, that his parent or guardian resides or will reside in the area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect F20F21. . .as if it were a supervision order imposing a residence requirement as mentioned in section 12AA of this Act.
F221A
In subsection (1) above “by a relevant order” means—
a
by a fit person order;
b
by virtue of a training school order; or
c
by an order under subsection (2) below;
where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.
C52
If it appears to the F23the Secretary of State, on the application of the local authority to whose care a person is committed by a care order F24to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provisions) applies other than an interim order F24or who is to accommodate a person pursuant to a supervision order imposing a residence requirement as mentioned in section 12AA of this ActF25or by an order under subsection (1) above, that his parent or guardian resides or will reside in Northern Ireland, F23the Secretary of State may make an order committing him to the care of the managers of a training school or to the care of the welfare authority in whose area his parent or guardian resides or will reside and the provisions of the M2Children and Young Persons Act (Northern Ireland) 1968 (except sections F2688(3) and 90 shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, F26the supervision order.
If an order under this subsection commits a person to the care of the managers of a training school, the contributions to be made in respect of him under section 161 of the said Act of 1968 shall be made by such council as may be named in that order, being the council within whose district his parent proposes to reside or is residing at the time of the order.
3
When a person is received into the care of a local authority or welfare authority or the managers of a training school in pursuance of an order under this section, the training school order, fit person order F27, care order or supervision order in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—
a
in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;
b
in the case of an order under subsection (2), on the date when the care order F28or supervision order aforesaid would have ceased to have effect by the effluxion of time or—
F29i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.
4
An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority or welfare authority or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority or managers to whose care he is committed by the order.
5
In this section “training school”, “training school order” and “welfare authority” have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.
C1E125 Transfers between England or Wales and Northern Ireland.
1
If it appears to the Secretary of State, on the application of the F1Ministry of Home Affairs for Northern Ireland (in this section referred to as the Ministry of Home Affairs) or the managers of the training school to whose care a person is committed F2by a relevant order, that his parent or guardian resides or will reside in the ’area of a local authority in England or Wales, the Secretary of State may make an order committing him to the care of that local authority; and while an order under this subsection is in force it shall have effect F3F4. . . as if it were a supervision order imposing a residence requirement as mentioned in section 12AA of this Act
F51A
In subsection (1) above “by a relevant order” means—
a
by a fit person order;
b
by virtue of a training school order; or
c
by an order under subsection (2) below;
where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.
C2C32
If it appears to the F6the Secretary of State, on the application of the local authority to whose care a person is committed by a care order F7to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provions) applies other than an interim order [F7or who is to accomodate a person pursuant to a supervision order imposing a residence requirement as mentioned in section 12AA] F8or by an order under subsection (1) above, that his parent or guardian resides or will reside in Northern Ireland, F6the Secretary of State may make an order committing him to the care of the managers of a training school F9. . . and the provisions of the M1Children and Young Persons Act (Northern Ireland) 1968 (except sections F10 88(3) and 90 shall apply to an order under this subsection as if it were a training school order made on the date of the care order or, as the case may be, F11the supervision order.
F12. . .
3
When a person is received into the care of a local authority F13. . . or the managers of a training school in pursuance of an order under this section, the training school order, fit person order F14, care order or supervision order in consequence of which the order under this section was made shall cease to have effect; and the order under this section shall, unless it is discharged earlier, cease to have effect—
a
in the case of an order under subsection (1), on the earlier of the following dates, that is to say, the date when the person to whom the order relates attains the age of nineteen or the date when, by the effluxion of time, the fit person order aforesaid would have ceased to have effect or, as the case may be, the period of his detention under the training school order aforesaid would have expired;
b
in the case of an order under subsection (2), on the date when the care order F15or supervision order or aforesaid would have ceased to have effect by the effluxion of time or—
F16i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
if the order has effect by virtue of subsection (2) as a training school order and the period of supervision following the detention of the person in question in pursuance of the order expires before that date, when that period expires.
4
An order under this section shall be sufficient authority for the detention in Northern Ireland, by any constable or by a person duly authorised by a local authority F17. . . or the managers of a training school, of the person to whom the order relates until he is received into the care of the authority F17. . . or managers to whose care he is committed by the order.
5
In this section ”training school” F18and “training school order” have the same meaning as in the said Act of 1968, and “fit person order” means an order under that Act committing a person to the care of a fit person.