SCHEDULES

F4SCHEDULE 1APPEAL TRIBUNALS

Article 6(4).

Annotations:
Amendments (Textual)
F4

prosp. rep. by 2003 NI 9

Constitution1

An Appeal Tribunal shall consist of the following members, that is to say—

  • a chairman, who shall be a practising barrister-at-lawF5 or solicitor of not less than 7 years' standing, appointed by theF6Northern Ireland Judicial Appointments Commission;

  • a member appearing to the Department to be a suitably qualified person with experience in children's welfare work, appointed by the Department;

  • a member with experience in the administration of a voluntary organisation concerned with the welfare of children, appointed by the Department.

2

An officer of a government department shall not be appointed a member of an Appeal Tribunal.

3

Any decision of an Appeal Tribunal shall be made by the chairman after consultation with the other members.

4

The Department may nominate one of its officers to act as clerk of an Appeal Tribunal.

Procedure5

An Appeal Tribunal may give directions with respect to the practice and procedure to be followed in any proceedings before the Tribunal and any thing incidental to or consequential on such proceedings.

Costs6

An Appeal Tribunal may make orders as to the costs incurred by the Department and the appellant and as to the parties by whom the costs are to be paid; and any costs of the Department which are so ordered to be paid by the appellant shall be a debt recoverable summarily by the Department from the appellant.

C1SCHEDULE 2FORM OF ENTRY IN ADOPTED CHILDREN REGISTER

Article 51.

Annotations:
Modifications etc. (not altering text)

1

2

3

4

5

6

7

8

No. of entry

Date and country of birth of child

Name and surname of child

Sex of child

Name and surname, address and occupation of adopter or adopters

Date of adoption order and description of court by which made

Date of entry

Signature of officer deputed by Registrar General to attest the entry

SCHEDULE 3TRANSITIONAL PROVISIONS AND SAVINGS

Article 72(1).

1

Where any period of time specified in a statutory provision repealed by this Order is current at the commencement date, this Order shall have effect as if the corresponding provision thereof had been in force when that period began to run.

2

Sub‐para. (1) rep. 1995 NI 2

2

Paragraphs (1) and (2) of Article 52, shall apply in relation to an adoption order made before the commencement date as if the order had been made under Article 12, but as if, in sub-paragraph (b) of the said paragraph (1), there were substituted for the reference to Article 51(4) or (5) a reference to section 14(4) or (5) of the Adoption of Children Act (Northern Ireland) 1950F1 or, as the case requires, section 24(4) or (5) of the Adoption Act (Northern Ireland) 1967.

3

The power of the court under Article 52(1) to amend an order includes power, in relation to an order made before 1st December 1969, to make on the application of the adopter or adopted person any such amendment of the particulars contained in the order as appears to be required to bring the order into the form in which it would have been made if Article 52 had applied to the order.

4

Paragraphs (1) and (4) of Article 55 shall apply in relation to an adoption order made under a statutory provision at any time before the commencement date as they apply in relation to an adoption order made under this Order.

3

Any register, or index to a register, kept under the Adoption Act (Northern Ireland) 1967, or any register or index deemed to be part of such a register, shall be deemed to be part of the register kept under Article 50.

4

1

Article 40—

a

does not apply to an existing instrument or statutory provision in so far as it contains a disposition of property, and

b

does not apply to any public general Act or Measure in its application to any disposition of property in an existing instrument or statutory provision.

2

Sections 18 and 19 of the Adoption Act (Northern Ireland) 1967F2, and provisions containing references to those sections shall continue to apply in relation to dispositions of property effected by existing instruments notwithstanding the repeal of those sections and such provisions.

3

Article 46 shall apply in relation to this paragraph as if it were contained in Part V.

5

The reference in Article 58(1) to an order under Article 57 includes an order under section 38 of the Adoption Act (Northern Ireland) 1967.

6

The provisions of this Schedule shall have effect without prejudice to sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954F3.

7

In this Schedule “commencement date” for the purpose of any provision of this Schedule, means the day appointed under Article 1(2) for the coming into operation of that provision.

SCHEDULE 4—Amendments

SCHEDULE 5—Repeals