Adoption and Children Act (Northern Ireland) 2022 No. 18

Prospective

SCHEDULES

SCHEDULE 3 N.I. Minor and consequential amendments

PART 1 N.I. Amendments of primary legislation

The Family Law Act 1986 N.I.

7.  In section 1 (orders to which Part 1 applies), in subsection (1) after paragraph (c) insert— N.I.

“(ca) a special guardianship order made by a court in Northern Ireland under the Children (Northern Ireland) Order 1995;

(cb) an order made under section 23 of the Adoption and Children Act (Northern Ireland) 2022 (contact), other than an order varying or revoking such an order;

(cc) an order made under section 49 of the Adoption and Children Act (Northern Ireland) 2022 (post-adoption contact), other than an order varying or revoking such an order;”.

Commencement Information

I1 Sch. 3 para. 7 not in operation at Royal Assent, see s. 160(1)

8.  In section 19 (jurisdiction: general), after subsection (1) insert— N.I.

“(1A) A court in Northern Ireland shall not have jurisdiction to make a special guardianship order under the Children (Northern Ireland) Order 1995 unless the condition in section 20 of this Act is satisfied.

(1B) A court in Northern Ireland shall not have jurisdiction to make an order under section 23 of the Adoption and Children Act (Northern Ireland) 2022 unless the condition in section 20 of this Act is satisfied.

(1C) A court in Northern Ireland shall not have jurisdiction to make an order under section 49 of the Adoption and Children Act (Northern Ireland) 2022 unless—

(a) it has jurisdiction under the Council Regulation or the Hague Convention, or

(b) neither the Council Regulation nor the Hague Convention applies but the condition in section 20 of this Act is satisfied.”.

Commencement Information

I2 Sch. 3 para. 8 not in operation at Royal Assent, see s. 160(1)