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The Children (Allocation of Proceedings) (Amendment) Order (Northern Ireland) 2007

S.R. 2007/468 · Made 10 November 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

family proceedings

Made 10th November 2007

Coming into operation 17th December 2007

To be laid before Parliament

The Lord Chancellor, after consultation with the Lord Chief Justice, makes the following Order in exercise of the powers conferred by Article 164(5) of and Schedule 7 to the Children (Northern Ireland) Order 1995f1.

Annotations to the whole text

Footnotes

f1

S.I. 1995/755 (N.I. 2), to which the most recent relevant amendment was made by the Constitutional Reform Act 2005 (2005 c.4).

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Children (Allocation of Proceedings) Order (Northern Ireland) 1996
  3. 3Amendment to the Children (Allocation of Proceedings) Order (Northern Ireland) 1996
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Children (Allocation of Proceedings) (Amendment) Order (Northern Ireland) 2007 and shall come into operation on 17th December 2007.

2Amendment to the Children (Allocation of Proceedings) Order (Northern Ireland) 1996

In Article 4, in paragraph (2), for “6 or 8” substitute “6, 8 or 9A”.

3Amendment to the Children (Allocation of Proceedings) Order (Northern Ireland) 1996

After Article 9 insert—

“ Transfer from one family care centre to another

9A.

A family care centre (the “transferring court”) shall transfer proceedings under the 1995 Order to another family care centre where—

(a)

having regard to the principle set out in Article 3(2) of the 1995 Order the transferring court considers that the transfer is in the interests of the child; and

(b)

the receiving court consents to the transfer.”.

Signature

Signed by the authority of the Lord Chancellor

David Hanson

Minister of State

Ministry of Justice

Dated 10th November 2007

Explanatory note

(This note is not part of the Order)

This Order amends the Children (Allocation of Proceedings) Order (Northern Ireland) 1996 (S.R. 1996 No. 300) to provide, in certain circumstances, for the transfer of proceedings under the Children (Northern Ireland) Order 1995 from one family care centre to another.