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Article 3(7).
1.—(1) This paragraph applies in the case of a child who is[F3 in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995)]F4. . . N.I.
(2) Where this paragraph applies, Article 3 shall have effect as if—
(a)the reference in paragraph (1) to the appropriate consent were a reference to the consent of the[F3 authority]F4. . . ; and
(b)paragraphs[F3 (2A) to (4)] and the definition of “the appropriate consent” in paragraph (5) were omitted.
Para. 2 rep. by 1998 NI 9
3.—(1) This paragraph applies in the case of a child—N.I.
[F5(a)who is the subject of an order under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 freeing him for adoption; or
(aa)who is the subject of a pending application for such an order; or
(aaa)who is the subject of a pending application for an adoption order; or]
(b)who is the subject of an order under[F5 Article 57 of the Adoption (Northern Ireland) Order 1987 or] section 38 of the Adoption Act (Northern Ireland) 1967 relating to adoption abroad or of a pending application for such an order.
(2) Where this paragraph applies, Article 3 shall have effect as if—
(a)the reference in paragraph (1) to the appropriate consent were a reference—
[F5(i)in a case within sub‐paragraph (1)(a), to the consent of the adoption agency which made the application for the order or, if the[F6 order has been varied under Article 21 of the Adoption (Northern Ireland) Order 1987 so as to give parental responsibility to another agency] to the consent of that other agency;
(ia)in a case within sub‐paragraph (1)(aa) or (aaa), to the leave of the court to which the application was made; and]
(ii)in a case within sub-paragraph (1)(b), to the leave of the court which made the order or, as the case may be, to which the application was made, and
(b)paragraphs[F6 (2A) to (4)] and the definition of “the appropriate consent” in paragraph (5) were omitted.
[F5(3) In this paragraph—
(a)“adoption agency” has the same meaning as in Article 3 of the Adoption (Northern Ireland) Order 1987; and
(b)“adoption order” means an order under Article 12(1) of that Order.]
4.—(1) This paragraph applies in the case of a child who is subject to a[F7 juvenile justice centre] orderF8, except where he is lawfully living with his parents or either of them.N.I.
(2) Where this paragraph applies, Article 3 shall have effect as if—
(a)the reference in paragraph (1) to the appropriate consent were a reference to the consent ofF8 the managers of the[F7 juvenile justice centre]F8; and
(b)paragraphs[F9 (2A) to (4)] and the definition of “the appropriate consent” in paragraph (5) were omitted.
[F7(3) In this paragraph, “juvenile justice centre order” has the same meaning as in Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998F8.]
5. In the case of a child falling within both paragraph 1 and paragraph 3, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1.N.I.