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Adoption and Children Act (Northern Ireland) 2022

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Rules of courtN.I.

This section has no associated Explanatory Notes

156.—(1) In this Act “rules of court” includes family proceedings rules and county court rules (as well as rules of court as defined in section 21(4) of the Interpretation Act (Northern Ireland) 1954).

(2) In subsection (1) “family proceedings rules” has the meaning given in Article 12(5) of the Family Law (Northern Ireland) Order 1993.

(3) In the case of an application for a placement order, for the variation or revocation of a placement order, or for an adoption order, the rules must require any person mentioned in subsection (4) to be notified—

(a)of the date and place where the application will be heard; and

(b)of the fact that, unless the person wishes or the court requires, the person need not attend.

(4) The persons referred to in subsection (3) are—

(a)in the case of a placement order, every person who can be found whose consent to the making of the order is required under subsection (3)(a) of section 18 (or would be required but for subsection (3)(b) of that section) or, if no such person can be found, any relative who can be found;

(b)in the case of a variation or revocation of a placement order, every person who can be found whose consent to the making of the placement order was required under subsection (3)(a) of section 18 (or would have been required but for subsection (3)(b) of that section);

(c)in the case of an adoption order—

(i)every person who can be found whose consent to the making of the order is required under subsection (2)(a) of section 44 (or would be required but for subsection (2)(c) of that section) or, if no such person can be found, any relative who can be found;

(ii)every person who has consented to the making of the order under section 17 (and has not withdrawn the consent) unless the person has given a notice under subsection (4)(a) of that section which has effect;

(iii)every person who, if leave were given under section 44(5), would be entitled to oppose the making of the order.

(5) In subsection (4) “relative” means a relative prescribed by rules of court.

(6) Rules of court may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.

Commencement Information

I1S. 156 not in operation at Royal Assent, see s. 160(1)

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