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Article 35 Persons qualifying for advice and assistanceF1C1

Northern Ireland

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

(1)

In this Part “a person qualifying for advice and assistance” means a person who—

(a)

is under 21; and

(b)

at any time after reaching the age of 16 but while still a child was, but is no longer, looked after, accommodated or fostered.

(2)

In paragraph (1)(b) “looked after, accommodated or fostered” means—

(a)

looked after by an authority;

(b)

accommodated by or on behalf of a voluntary organisation;

(c)

accommodated in aF2 private children's home;

(d)

accommodated for a consecutive period of at least three months in—

(i)

any accommodation provided by F3the Education Authority ; or

(ii)

any residential care home; or

(iii)

any hospital; or

(iv)

any nursing home; or

(v)

any prescribed accommodation; or

(e)

privately fostered.

(3)

Paragraph (2)(d) applies even if the period of three months mentioned there began before the child reached the age of 16.

(4)

In the case of a person qualifying for advice and assistance by virtue of paragraph (2)(a), the authority which last looked after him shall take such steps as it thinks appropriate to contact him at such times as it thinks appropriate with a view to discharging its functions under Articles 35A and 35B.

(5)

In each of Articles 35A and 35B, the authority under the duty or having the power mentioned there ( “the relevant authority”) is—

(a)

in the case of a person qualifying for advice and assistance by virtue of paragraph (2)(a), the authority which last looked after him; or

(b)

in the case of any other person qualifying for advice and assistance, the authority within whose area the person is (if he has asked for help of a kind which can be given under Article 35A or 35B).

Annotations

Textual amendments

F1

2002 c. 11 (NI)

F2

2003 NI 9

F3

Words in art. 35(2)(d)(i) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(3) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

Modifications

C1

Art. 35 applied (10.12.2015) by Children’s Services Co-operation Act (Northern Ireland) 2015 (c. 10), ss. 9(2)(a), 10(1)

Notes on Advice and assistance for certain children and young persons

Textual amendments

F1

2002 c. 11 (NI)