Statutory Instrument 1995 No. 755 (N.I. 2)

The Children (Northern Ireland) Order 1995


Crown Copyright 1995

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STATUTORY INSTRUMENTS


1995 No. 755 (N.I. 2)

NORTHERN IRELAND

The Children (Northern Ireland) Order 1995

Made

15th March 1995

 

Coming into operation on days to be appointed under Article 1(2)

 

 

ARRANGEMENT OF ORDER

 

PART I

INTRODUCTORY

1. 

Title and commencement.

2. 

Interpretation.

PART II

GENERAL

Child's welfare

3. 

Child's welfare to be paramount consideration.

4. 

Reports on child's welfare.

Parental responsibility

5. 

Parental responsibility for children.

6. 

Meaning of "parental responsibility".

7. 

Acquisition of parental responsibility.

PART III

ORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS

General

8. 

Residence, contact and other orders with respect to children.

9. 

Restrictions on making Article 8 orders.

10. 

Power of court to make Article 8 orders.

11. 

General principles and supplementary provisions.

12. 

Residence orders and parental responsibility.

13. 

Change of child's name or removal from jurisdiction.

14. 

Enforcement of residence orders.

Financial relief

15. 

Orders for financial relief with respect to children.

Family assistance orders

16. 

Family assistance orders.

PART IV

SUPPORT FOR CHILDREN AND THEIR FAMILIES

Children in need and their families

17. 

Interpretation.

18. 

General duty of authority to provide personal social services for children in need, their families and others.

19. 

Day care for pre-school and other children.

20. 

Review of provision for day care, child minding, etc.

21. 

Provision of accommodation for children: general.

22. 

Powers of person with parental responsibility.

23. 

Provision of accommodation for children in police protection.

24. 

Recoupment of cost of providing services, etc.

Children looked after by an authority

25. 

Interpretation.

26. 

General duty of authority.

27. 

Accommodation and maintenance for children.

28. 

Regulations under Article 27.

29. 

Promotion and maintenance of contact between child and family.

30. 

Visits to or by children: expenses.

31. 

Appointment of visitor for child who is not being visited.

32. 

Power to guarantee apprenticeship deeds, etc.

33. 

Arrangements to assist children to live abroad.

34. 

Death of children being looked after by an authority.

Advice and assistance for certain children

35. 

Advice and assistance for certain children.

36. 

Assistance: further provisions.

37. 

Supplementary.

Contributions towards maintenance of children looked after by an authority

38. 

Interpretation.

39. 

Liability to contribute.

40. 

Agreed contributions.

41. 

Contribution orders.

42. 

Enforcement of contribution orders, etc.

43. 

Regulations.

Miscellaneous

44. 

Secure accommodation.

45. 

Reviews and representations.

46. 

Co-operation between authorities and other bodies.

47. 

Consultation with education and library boards.

48. 

Miscellaneous.

PART V

CARE AND SUPERVISION

Introductory

49. 

Interpretation.

General

50. 

Care orders and supervision orders.

51. 

Timetable for proceedings.

Care orders

52. 

Effect of care order.

53. 

Parental contact etc. with children in care.

Supervision orders

54. 

Supervision orders.

Education supervision orders

55. 

Education supervision orders.

Powers of court

56. 

Investigation into child's circumstances.

57. 

Interim orders.

58. 

Discharge and variation, etc., of care orders and supervision orders.

59. 

Orders pending appeals in cases about care or supervision orders.

Guardians ad litem

60. 

Representation of child and of his interests in certain proceedings.

61. 

Right of guardian ad litem to have access to records.

PART VI

PROTECTION OF CHILDREN

62. 

Child assessment orders.

63. 

Orders for emergency protection of children.

64. 

Duration of emergency protection orders and other supplementary provisions.

65. 

Removal and accommodation of children by police in cases of emergency.

66. 

Authority's duty to investigate.

67. 

Powers to assist in discovery of children who may be in need of emergency protection.

68. 

Abduction of children in care, etc.

69. 

Recovery of abducted children, etc.

70. 

Refuges for children at risk.

71. 

Rules of court and regulations.

PART VII

HOMES PROVIDED BY AN AUTHORITY

72. 

Provision of homes by an authority.

73. 

Regulations.

PART VIII

VOLUNTARY HOMES AND VOLUNTARY ORGANISATIONS

Introductory

74. 

Interpretation.

Voluntary organisations

75. 

Provision of accommodation for children.

76. 

Duties of voluntary organisations.

77. 

Duties of an authority.

Voluntary homes

78. 

Persons disqualified from carrying on, or being employed in, voluntary homes.

79. 

Voluntary homes not to be carried on unless registered.

80. 

Application for registration.

81. 

Power to impose conditions.

82. 

Cancellation of registration.

83. 

Cases where an authority must serve notice of proposal.

84. 

Right to make representations.

85. 

Decision to adopt proposal.

86. 

Annual review of registration.

87. 

Appeals.

88. 

Prohibition on further applications.

Regulations

89. 

Regulations.

PART IX

CHILDREN's HOMES

Introductory

90. 

Interpretation.

91. 

"Children's home" further defined.

General

92. 

Duties of person carrying on children's home.

93. 

Duties of an authority.

94. 

Persons disqualified from carrying on, or being employed in, children's homes.

Registration

95. 

Children not to be cared for and accommodated in unregistered children's homes.

96. 

Application for registration.

97. 

Power to impose conditions.

98. 

Cancellation of registration.

99. 

Cases where an authority must serve notice of proposal.

100. 

Right to make representations.

101. 

Decision to adopt proposal.

102. 

Annual review of registration.

103. 

Appeals.

104. 

Prohibition on further applications.

Regulations

105. 

Regulations.

PART X

PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

106. 

Interpretation.

107. 

Privately fostered children further defined.

108. 

Welfare of privately fostered children.

109. 

Persons disqualified from being private foster parents.

110. 

Power to prohibit private fostering.

111. 

Power to impose requirements.

112. 

Regulations requiring notification of fostering, etc.

113. 

Appeals.

114. 

Application of this Part to certain school children during holidays.

115. 

Advertisements relating to fostering.

116. 

Avoidance of insurances on lives of privately fostered children.

117. 

Offences.

PART XI

CHILD MINDING AND DAY CARE FOR YOUNG CHILDREN

118. 

Registration.

119. 

Persons who act as child minders.

120. 

Persons who provide day care for children under the age of twelve.

121. 

Exemptions.

122. 

Disqualified persons.

123. 

Application for registration.

124. 

Refusal of registration.

125. 

Requirements to be complied with by child minders.

126. 

Requirements to be complied with by persons providing day care for young children.

127. 

Certificate of registration.

128. 

Cancellation of registration.

129. 

Protection of children in an emergency.

130. 

Inspection.

131. 

Appeals.

132. 

Offences.

PART XII

EMPLOYMENT OF CHILDREN

Introductory

133. 

Interpretation.

134. 

Exemptions and saving.

General

135. 

General restrictions on the employment of children.

136. 

Regulations with respect to the employment of children.

Performances

137. 

Restrictions on taking part in public performances, etc.

138. 

Granting of licences.

139. 

Variation and revocation of licences.

140. 

Requirement to keep and produce records.

Dangerous performances

141. 

Performances endangering life or limb.

142. 

Training for performances of a dangerous nature.

143. 

Licensing of training children over twelve for performances of a dangerous nature.

Supplementary

144. 

Notice of refusal of licence, etc.

145. 

Appeal against refusal of licence, etc.

146. 

Powers of entry.

147. 

Offences.

148. 

Defences.

PART XIII

DEPARTMENT's SUPERVISORY FUNCTIONS AND RESPONSIBILITIES

149. 

Inspection of children's homes, etc., by Department.

150. 

Powers of persons authorised by Department.

151. 

Power to exempt children's homes, etc., from inspection.

152. 

Inquiries.

153. 

Child care training.

154. 

Research and information.

PART XIV

PARENTS NOT MARRIED TO EACH OTHER

155. 

Parents not being married to each other to have no effect in law on relationships.

156. 

Application of principle to certain existing statutory provisions.

157. 

Property rights.

158. 

Repeal of the Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924.

PART XV

GUARDIANS

159. 

Appointment by court.

160. 

Appointment by parent or guardian.

161. 

Revocation of appointment by parent or guardian.

162. 

Disclaimer of appointment by parent or guardian.

163. 

Termination by court.

PART XVI

JURISDICTION AND PROCEDURE

164. 

Jurisdiction.

165. 

Rules of court.

166. 

Appeals.

167. 

Attendance of child and his parents, etc., at hearing under Part V or VI.

168. 

Power to clear court while child is giving evidence in certain proceedings.

169. 

Evidence given by, or with respect to, children.

170. 

Privacy for children involved in certain proceedings.

171. 

Self-incrimination.

172. 

Legal aid, advice and assistance.

173. 

Restrictions on use of wardship jurisdiction.

PART XVII

MISCELLANEOUS AND GENERAL

Children accommodated in certain establishments

174. 

Children accommodated in hospitals.

175. 

Children accommodated in certain homes and in private hospitals.

176. 

Children accommodated in schools.

177. 

Children not accommodated in schools.

Search warrants

178. 

Police assistance in exercise of powers of search and inspection.

Effect and duration of orders, etc.

179. 

Effect and duration of orders, etc.

180. 

The Isle of Man and the Channel Islands.

Miscellaneous

181. 

Annual report.

182. 

Temporary exercise of functions of authorities by Department.

183. 

Regulations and orders.

184. 

Transitional provisions and savings.

185. 

Amendments and repeals.

 

 

SCHEDULES:

 

 

 

 

Schedule 1 

Financial provision for children.

 

 

 

 

Schedule 2 

Provision of services for families: specific powers and duties.

 

 

 

 

Schedule 3 

Supervision orders.

 

 

 

 

Schedule 4 

Education supervision orders.

 

 

 

 

Schedule 5 

Foster parents: limits on number of foster children.

 

 

 

 

Schedule 6 

Property rights where parents not married to each other.

 

 

 

 

Schedule 7 

Jurisdiction.

 

 

 

 

Schedule 8 

Transitionals and savings.

 

 

 

 

Schedule 9 

Amendments.

 

 

 

 

Schedule 10 

Repeals.

 

 

Explanatory Note


continue


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Prepared 20th September 2000