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


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Prepared 20th September 2000