Article 70 Refuges for children at risk

Northern Ireland

(1)

Where it is proposed to use a voluntary home or aF1 private children's home to provide a refuge for children who appear to be at risk of harm, the Department may issue a certificate under this Article with respect to that home.

(2)

Where an authority or voluntary organisation arranges for a foster parent to provide such a refuge, the Department may issue a certificate under this Article with respect to that foster parent.

(3)

In paragraph (2) “foster parent” means a person who is, or who from time to time is, an authority foster parent or a foster parent with whom children are placed by a voluntary organisation.

(4)

The Department may by regulations—

(a)

make provision as to the manner in which certificates may be issued;

(b)

impose requirements which must be complied with while any certificate is in force; and

(c)

provide for the withdrawal of certificates in prescribed circumstances.

(5)

Where a certificate is in force with respect to a home, none of the provisions mentioned in paragraph (7) shall apply in relation to any person providing a refuge for any child in that home.

(6)

Where a certificate is in force with respect to a foster parent, none of the provisions mentioned in paragraph (7) shall apply in relation to the provision by him of a refuge for any child in accordance with arrangements made by the authority or voluntary organisation.

(7)

The provisions are—

(a)

Article 68;

F2(b)

Article 54(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (escapes from juvenile justice centres);

F3(c)

F4section 171(2) of the Children’s Hearings (Scotland) Act 2011 (harbouring children who have absconded from residential establishments etc.), so far as it applies in relation to anything done in Northern Ireland;

(d)

section 32(3) of the Children and Young Persons Act 1969F5 (compelling, persuading, inciting or assisting any person to be absent from detention, etc.), so far as it applies in relation to anything done in Northern Ireland;

(e)

Article 4 of the Child Abduction (Northern Ireland) Order 1985F6 (abduction of children by persons other than parents, etc.).

Annotations

Textual amendments

F1: 2003 NI 9
F2: 1998 NI 9
F3: prosp. inserted by 2002 c. 26
F4: Words in art. 70(7)(c) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 13; S.S.I. 2013/195, art. 2
F5: 1969 c. 54
F6: 1985 NI 17