Paragraph 3

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 3(3)(a) words substituted by Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 5(3)(a)
Sch. para. 3(3)(b) words substituted by Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 5(3)(b)
Sch. para. 1(2)(a) words inserted by Crime and Policing Act 2026 s. 138(3)(a)
Sch. para. 3(2)(a) words inserted by Crime and Policing Act 2026 s. 138(3)(b)
Sch. para. 3(2)(a) words inserted by Crime and Policing Act 2026 s. 138(3)(c)
Sch. para. 4(2)(a) words inserted by Crime and Policing Act 2026 s. 138(3)(d)
Sch. para. 3(1)(2) substituted by Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 5(2)

(1)

This paragraph applies in the case of a child—

F1(a)

who is the subject of an order under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 freeing him for adoption; or

(aa)

who is the subject of a pending application for such an order; or

(aaa)

who is the subject of a pending application for an adoption order; or

(b)

who is the subject of an order under Article 57 of the Adoption (Northern Ireland) Order 1987 or section 38 of the Adoption Act (Northern Ireland) 1967 relating to adoption abroad or of a pending application for such an order.

(2)

Where this paragraph applies, Article 3 shall have effect as if—

(a)

the reference in paragraph (1) to the appropriate consent were a reference—

(i)

in a case within sub‐paragraph (1)(a), to the consent of the adoption agency which made the application for the order or, if theF2 order has been varied under Article 21 of the Adoption (Northern Ireland) Order 1987 so as to give parental responsibility to another agency to the consent of that other agency;

(ia)

in a case within sub‐paragraph (1)(aa) or (aaa), to the leave of the court to which the application was made; and

(ii)

in a case within sub-paragraph (1)(b), to the leave of the court which made the order or, as the case may be, to which the application was made, and

(b)

paragraphs (2A) to (4) and the definition of “the appropriate consent” in paragraph (5) were omitted.

(3)

In this paragraph—

(a)

“adoption agency” has the same meaning as in Article 3 of the Adoption (Northern Ireland) Order 1987; and

(b)

“adoption order” means an order under Article 12(1) of that Order.

Annotations

Textual amendments

F1: 1987 NI 22
F2: 1995 NI 2