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Article 22 Notification to HSC trust of adoption application, where child not placed by adoption agencyF10F1

Northern Ireland

(1)

An adoption order shall not be made in respect of a child who was not placed with the applicant by an adoption agency unless the applicant has, at least 3 months before the date of the order, served notice on the F2... F3HSC trust within whose area he has his home of his intention to apply for the adoption order.

F4(1A)

An application for such an adoption order shall not be made unless the person wishing to make the application has, within the period of two years preceding the making of the application, given notice as mentioned in paragraph (1).

(1B)

In paragraphs (1) and (1A) the references to the area in which the applicant or person has his home are references to the area in which he has his home at the time of giving the notice.

(2)

On receipt of such a notice the F5... HSC trust shall investigate the matter and submit to the court a report of its investigation and shall assist the court in any manner the court may direct.

(3)

Under paragraph (2), the F6... HSC trust shall in particular investigate,—

(a)

so far as is practicable, the suitability of the applicant, and any other matters relevant to the operation of Article 9 in relation to the application; and

(b)

whether the child was placed with the applicant in contravention of Article 11.

F7(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5)

An HSC trust which receives notice under paragraph (1) in respect of a child whom the trust knows to be looked after by another HSC trust F9... shall, not more than 7 days after the receipt of the notice, inform that other HSC trust ... in writing, that it has received the notice.

Annotations

Textual amendments

F1

mod. by SR 2003/16

F2

Words in art. 22(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. 109(2); S.R. 2022/102, art. 2(b)

F3

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

F4

1995 NI 2

F5

Words in art. 22(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 109(2); S.R. 2022/102, art. 2(b)

F6

Words in art. 22(3) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 109(2); S.R. 2022/102, art. 2(b)

F7

Art. 22(4) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 109(3); S.R. 2022/102, art. 2(b)

F8

1994 NI 2

F9

Words in art. 22(5) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 109(4); S.R. 2022/102, art. 2(b)

F10

Words in art. 22 heading substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 109(5); S.R. 2022/102, art. 2(b)