The Children (Northern Ireland) Order 1995

Link to law: http://www.legislation.gov.uk/nisi/1995/755/contents

Introductory Text

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
12A.Residence and contact orders and domestic violence
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
17A.Assessments and services for children who are carers
18.General duty of authority to provide social care for children in need, their families and others
18A.Assessments: carers of disabled children
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18C.Direct payments
18D.Information for carers
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
34A.Preparation for ceasing to be looked after
34B.The responsible authority and relevant children
34C.Additional functions of the responsible authority in respect of relevant children
34D.Continuing functions in respect of former relevant children
34E.Personal advisers
34F.Pathway Plans

Advice and assistance for certain children and young persons

35.Persons qualifying for advice and assistance
35A.Advice and assistance
35B.Employment, education and training
35C.Information
35D.Representations: Articles 34B to 35B
Arts. 36, 37 rep. by 2002 c. 11 (NI)

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
57A.Power to include exclusion requirement in interim care order
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
63A.Power to include exclusion requirement in emergency protection order
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
78A.Appeal against refusal of consent under Article 78
Arts. 79‐88 rep. by 2003 NI 9

Regulations
89.Regulations

PART IX PRIVATE CHILDREN'S HOMES

Introductory

90.Interpretation
91.“Children's home” further defined

General

92.Duties of person carrying on private children's home
93.Duties of an authority
94.Persons disqualified from carrying on, or being employed in, private children's homes
94A.Appeal against refusal of consent under Article 94

Registration
Arts. 95‐104 rep. by 2003 NI 9

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
Art. 152 rep. by 2005 c. 12
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 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
181A.Delegation of functions by Lord Chief Justice
182.Temporary exercise of functions of authorities by Department
183.Regulations and orders
184.Transitional provisions and savings
Article 185— Amendments and Repeals

SCHEDULES

SCHEDULE 1
FINANCIAL PROVISION FOR CHILDREN

Interpretation
1.(1) In this Schedule “child” includes, in any case where...

Orders for financial relief against parents
2.(1) On an application made by a parent or guardian...

Orders for financial relief for persons over 18
3.(1) If, on an application by a person who has...

Duration of orders for financial relief
4.(1) The term to be specified in an order for...

Matters to which court is to have regard in making orders for financial relief
5.(1) In deciding whether to exercise its powers under paragraph...

Provisions relating to lump sums
6.(1) Without prejudice to the generality of paragraph 2, an...

Variation, etc., of orders for periodical payments
7.(1) In exercising its powers under paragraph 2 or 3...

Variation of orders for periodical payments etc. made by court of summary jurisdiction
8.(1) Subject to sub-paragraphs (7) and (8), the power of...

Variation of orders for secured periodical payments after death of parent
9.(1) Where the parent liable to make payments under a...

Financial relief under other statutory provisions
10.(1) This paragraph applies where a residence order is made...

Interim orders
11.(1) Where an application is made under paragraph 2 or...

Alteration of maintenance agreements

12.(1) In this paragraph and in paragraph 13 “maintenance agreement”...
13.(1) Where a maintenance agreement provides for the continuation, after...

Notice of change of address
14.(1) Any person for the time being under an obligation...

Direction for settlement of instrument by conveyancing counsel
15.Where the High Court or a county court decides to...

Financial provision for child resident in country outside Northern Ireland
16.(1) Where jurisdiction in relation to the subject-matter of an...

Contribution by an authority to child's maintenance
17.(1) Where a child lives, or is to live, with...

SCHEDULE 2
PROVISION OF SERVICES FOR FAMILIES: SPECIFIC POWERS AND DUTIES

Identification of children in need
1.Every authority shall take reasonable steps to identify the extent...

Provision of information
2.(1) Every authority shall publish information— (a) about services provided...

Children's services plans
2A.(1) Every Board shall, on or before 31st March 1999—...

Maintenance of register of disabled children
3.(1) Every authority shall open and maintain a register of...

Assessment of children's needs
4.Where it appears to an authority that a child within...

Prevention of neglect and abuse
5.(1) Every authority shall take reasonable steps, through the provision...

Provision of accommodation for another person to protect child
6.(1) Where— (a) it appears to an authority that a...

Services for disabled children
7.Every authority shall provide services designed— (a) to minimise the...

Steps to reduce need for care proceedings, etc.
8.Every authority shall take reasonable steps designed—

Provision for children living with their families
9.Every authority shall make such provision as the authority considers...

Family centres
10.(1) Every authority shall provide such family centres as the...

Maintenance of the family home
11.Every authority shall take such steps as are reasonably practicable,...

Duty to consider racial groups to which children in need belong
12.Every authority shall, in making any arrangements—

SCHEDULE 3
SUPERVISION ORDERS

Meaning of “responsible person”
1.In this Schedule, “the responsible person”, in relation to a...

Power of supervisor to give directions to supervised child
2.(1) A supervision order may require the supervised child to...

Imposition of obligations on responsible person
3.(1) With the consent of any responsible person, a supervision...

Psychiatric and medical examinations
4.(1) A supervision order may require the supervised child—

Psychiatric and medical treatment
5.(1) Where a court which proposes to make or vary...

Life of supervision order
6.(1) Subject to sub-paragraph (2) and Article 179 (effect and...

Information to be given to supervisor, etc.
7.(1) A supervision order may require the supervised child—

Selection of supervisor
8.A supervision order shall not designate an authority as the...

Effect of supervision order on earlier orders
9.The making of a supervision order with respect to any...

Regulations
10.The Department may make regulations with respect to the exercise...

SCHEDULE 4
EDUCATION SUPERVISION ORDERS

Interpretation
1.In this Schedule— “1986 Order” means the Education and Libraries...

Effect of orders

2.(1) Where an education supervision order is in force with...
3.(1) Where an education supervision order is in force with...

Effect where child also subject to other orders
4.(1) This paragraph applies where— (a) an education supervision order;...

Duration of orders
5.(1) An education supervision order shall have effect for a...

Information to be given to supervisor, etc.
6.(1) An education supervision order may require the child—

Discharge of orders
7.(1) The court may discharge any education supervision order on...

Offences
8.(1) If a parent of a child with respect to...

Persistent failure of child to comply with directions
9.(1) Where a child with respect to whom an education...

SCHEDULE 5
FOSTER PARENTS: LIMITS ON NUMBER OF FOSTER CHILDREN

Interpretation
1.For the purposes of this Schedule, a person fosters a...

The usual fostering limit
2.Subject to what follows, a person shall not foster more...

Siblings
3.A person may exceed the usual fostering limit if the...

Exemption by an authority
4.(1) A person may exceed the usual fostering limit if...

Effects of exceeding fostering limit
5.(1) A person shall cease to be treated for the...

Complaints, etc.
6.(1) Every authority shall establish a procedure for considering any...

SCHEDULE 6
PROPERTY RIGHTS WHERE PARENTS NOT MARRIED TO EACH OTHER

Succession on intestacy
1.(1) In Part II of the Administration of Estates Act...

Dispositions of property
2.(1) In the following dispositions, namely— (a) dispositions inter vivos...

No special protection for trustees and personal representatives
3.Article 6 of the Family Law Reform (Northern Ireland) Order...

Entitlement to grant of probate, etc.
4.(1) For the purpose of determining the person or persons...

SCHEDULE 7
JURISDICTION

Commencement of proceedings
1.(1) The Lord Chancellor may, after consultation with the Lord...

Transfer of proceedings
2.(1) The Lord Chancellor may, after consultation with the Lord...

Emergency protection orders
3.In such circumstances as the Lord Chancellor may, after consultation...

General
4.(1) For the purposes of this Schedule—

SCHEDULE 8

TRANSITIONALS AND SAVINGS

Pending proceedings, etc.

1.(1) Subject to sub-paragraphs (2) and (5), nothing in any...
2.Where, immediately before the commencement of Part V, there was...

CUSTODY ORDERS, ETC.

Cessation of declarations of unfitness, etc.
3.Where, immediately before the commencement of Parts II and III,...

Orders to which paragraphs 5 to 10 apply
4.(1) In paragraphs 5 to 10 “an existing order” means...

Parental responsibility of parents
5.(1) Where— (a) a child's father and mother were married...

Persons who are not parents but who have custody or care and control
6.(1) Where a person who is not the parent or...

Persons who have care and control
7.(1) Sub-paragraphs (2) to (6) apply where a person has...

Persons who have access
8.(1) Sub-paragraphs (2) to (4) apply where a person has...

Enforcement of certain existing orders
9.(1) Sub-paragraph (2) applies in relation to any existing order...

Discharge of existing orders
10.(1) The making of a residence order or care order...

CHILDREN IN CARE

Children in compulsory care

11.(1) Sub-paragraph (2) applies where, immediately before the commencement of...
12.(1) This sub-paragraph applies to a child who has been...

Cessation of wardship where child is in care
13.(1) Where a child who is a ward of court...

Children placed with parent, etc., while in compulsory care
14.(1) This paragraph applies where a child is deemed by...

Children in voluntary care
15.(1) This paragraph applies where, immediately before the commencement of...

Boarded out children
16.(1) Where, immediately before the commencement of Part IV, a...

Children in care to qualify for advice and assistance
17.Any reference in Part IV to a person qualifying for...

Emigration of children in care
18.Where the Head of the Department is considering whether to...

Contributions for maintenance of children in care
19.(1) Where, immediately before the commencement of Part IV, there...

Supervision orders
Orders under the 1968 Act

20.(1) This paragraph applies to any supervision order made under...
21.(1) This paragraph applies to any supervision order made under...

Other supervision orders
22.(1) This paragraph applies to any order for the supervision...

Place of safety orders
23.(1) This paragraph applies to— (a) any order or warrant...

Voluntary homes
24.(1) This paragraph applies to a voluntary home which is...

Foster children
25.(1) This paragraph applies where— (a) immediately before the commencement...

Child minders
26.(1) Sub-paragraph (2) applies where, immediately before the commencement of...

Guardians

Existing guardians to be guardians under this Order
27.(1) Any appointment of a person as guardian for a...

Appointment of guardian not yet in effect
28.Any appointment of a person to be a guardian of...

Children accommodated in certain establishments
29.In calculating, for the purposes of Article 174(1)(a) or (2)(a)...

Training school orders
30.(1) This paragraph applies where, immediately before the commencement of...

Miscellaneous
Marriage consents
31.(1) In the circumstances mentioned in sub-paragraph (2), section 1...

Affiliation orders, etc.
32.(1) This paragraph applies to the following orders—

Property rights where parents not married to each other
33.(1) In this paragraph “the 1977 Order” means the Family...

Attendance of child before court
34.Section 170 of the Children and Young Persons Act (Northern...

Saving for certain amendments of 1968 Act
36.Notwithstanding the repeal by this Order of Part I of...
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