The Adoption (Northern Ireland) Order 1987

Meaning of “protected child” N.I.

33.—(1) Where a person gives notice in pursuance of Article 22(1) to the F1 ... [F2 HSC trust] within whose area he lives of his intention to apply for an adoption order in respect of a child, the child is for the purposes of this Part a protected child while he has his home with that person.

[F3 (1A) A child shall be deemed to be a protected child for the purposes of this Part if he is a protected child within the meaning of—

(a) section 32 of the Adoption Act 1976; F4 . . .

(b) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) A child is not a protected child by reason of any such notice as is mentioned in paragraph (1) while—

(a) he is in the care of any person in—

[F3 (i) any school in which he is receiving full‐time education;

(ii) any[F5 children's home in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003];

(iii) any hospital;

(iv) any home or institution not specified in heads (i) to (iii) but provided by the Secretary of State, a government department or a prescribed public body; or]

(b) he is resident in a residential home for persons suffering from mental disorder within the meaning of Article 3(1) of the Mental Health (Northern Ireland) Order 1986F6 ; or

(c) he is liable to be detained or is subject to guardianship under that Order of 1986.

[F3 (2A) Paragraph (2)(a) shall be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995 (interpretation).]

[F3 (3) A protected child ceases to be a protected child—

(a) on the grant or refusal of the application for an adoption order;

(b) on the notification to the F7 ... [F2 HSC trust] for the area where the child has his home that the application for an adoption order has been withdrawn;

(c) in a case were no application is made for an adoption order, on the expiry of the period of two years from the giving of the notice;

(d) on the making of a residence order, a care order or a supervision order under the Children (Northern Ireland) Order 1995 in respect of the child;

(e) on the appointment of a guardian for him under that Order;

(f) on his attaining the age of 18 years; or

(g) on his marriage[F8 or forming a civil partnership],

whichever first occurs.

(4) In paragraph (3)(d) the references to a care order and a supervision order do not include references to an interim care order or interim supervision order.]

F1 Words in art. 33(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 114; S.R. 2022/102, art. 2(b)

F2 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F3 1995 NI 2

F4 Art. 33(1A)(b) and preceding word repealed (15.7.2011) by Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), arts. 1(2), 2, Sch. 1 Pt. 3

F5 2003 NI 9

F6 1986 NI 4

F7 Words in art. 33(3)(b) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 114; S.R. 2022/102, art. 2(b)

F8 2004 c.33