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The Children’s Social Care (Consequential Amendments) Regulations (Northern Ireland) 2022

S.R. 2022/161 · Made 24 March 2022

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.

Health And Personal Social Services

Made 24th March 2022

Laid before the Assembly 24th March 2022

Coming into operation 1st April 2022

The Department of Health, in exercise of the powers conferred by Articles 10(1) and (1A), 59(A), 66(A) (1) and (2) of the Adoption (Northern Ireland) Order 1987f1, Articles 60(7) and (9) of the Children (Northern Ireland) Order 1995f2, Article 48(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003f3,section 1(2)(b), (3)(j), (3A) and (3B) of the Safeguarding Board Act (Northern Ireland) 2011f4 and section 6(2) and (3) of the Health and Social Care Act (Northern Ireland) 2022f5 makes the following Regulations.

Annotations to the whole text

Footnotes

f1

S.I. 1987 No. 2203 (N.I. 22)

f2

S.I. 1995 No. 755 (N.I. 2)

f3

S.I. 2003 No. 431 (N.I. 9)

f4

2011 c. 7 (N.I.) as amended by section 2 and paragraph 244 and 245 of Schedule 1 to the Health and Social Care Act (Northern Ireland) 2022 [2022 c. 3 (N.I.)]

f5

2022 c. 3 (N.I.)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Adoption Agencies Regulations (Northern Ireland) 1989
  3. 3Amendment of the Adoption Allowance Regulations (Northern Ireland) 1996
  4. 4Amendment of the Voluntary Adoption Agencies Regulations (Northern Ireland) 2010
  5. 5Amendment of the Guardians Ad Litem (Panel) Regulation (Northern Ireland) 1996
  6. 6Amendment of the Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Children’s Social Care (Consequential Amendments) Regulations (Northern Ireland) 2022 and shall come into operation on 1st April 2022.

2Amendment of the Adoption Agencies Regulations (Northern Ireland) 1989

(1)

The Adoption Agencies Regulations (Northern Ireland) 1989f1 are amended in accordance with paragraphs (2) to (6).

(2)

In Regulation 5 (establishment of adoption panel and appointment of members) omit paragraph (3)(b)(i);

(3)

In regulation 5A (establishment of joint panels and appointment of members) omit paragraph 5(3)(b)(ii);

(4)

In Regulation 8 (adoption agency’s duties in respect of a prospective adopter) at paragraph (2)(f) omit the words “Board or”;

(5)

In Regulation 9 (adoption agency’s duties in respect of proposed placement) at paragraph (2)(b) omit the word “Board”;

(6)

In Regulation 12 (placement for adoption) omit paragraph 2(c)(i);

(7)

In the Schedule, Part 1 (particulars relating to the child) at Paragraph 10 omit the word “Board”.

3Amendment of the Adoption Allowance Regulations (Northern Ireland) 1996

(1)

The Adoption Allowance Regulations (Northern Ireland) 1996f1 are amended in accordance with paragraph (2).

(2)

In paragraph (2) of Regulation 1 (citation, commencement and interpretation) omit “a Health and Social Care Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972” from the definition of “adoption agency”.

4Amendment of the Voluntary Adoption Agencies Regulations (Northern Ireland) 2010

(1)

The Voluntary Adoption Agencies Regulations (Northern Ireland) 2010f1 are amended in accordance with paragraph (2).

(2)

In Schedule 4 (events and notifications) omit “Column 3 – DHSSPS”.

5Amendment of the Guardians Ad Litem (Panel) Regulation (Northern Ireland) 1996

(1)

The Guardians Ad Litem (Panel) Regulation (Northern Ireland) 1996f1 is amended in accordance with paragraphs (2) to (5).

(2)

In Regulation 7 (administration of the panel) at paragraph 1 omit “Health and Social Care Board or of a”;

(3)

In Regulation 9 (expenses, fees and allowances of members of the panel) at paragraph 2 omit “by a Health and Social Care Board”;

(4)

In Schedule 1 (complaints board) Paragraph 1 omit “or of a Health and Social Care Board”;

(5)

In Schedule 2 (panel committee) Paragraph 1 (c) omit “of a Health and Social Care Board or”.

6Amendment of the Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012

(1)

The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012f1 are amended in accordance with paragraphs (2) and (3).

(2)

In Regulation 3—

(a)

In paragraph (1)—

(i)

omit the word “and” at the end of sub-paragraph (a), and

(ii)

at the end of sub-paragraph (b), for “.” substitute—

“; and

(c)

the Departmentf2.”;

(b)

In paragraph (2)—

(i)

immediately after “section 1(2)(b)” insert “and (3A) and (3B),”; and

(ii)

for sub-paragraph (a) substitute—

“(a)

from the Department, the Director of Social Care and Children;”.

Signature

Sealed with the Official Seal of the Department of Health on 24th March 2022

(L.S.)

Dr Naresh Chada

A senior officer of the Department of Health

Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply to procedures within children’s social care in Northern Ireland amend certain Regulations made under the Adoption (Northern Ireland) Order 1987, the Children (Northern Ireland) Order 1995, the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 and the Safeguarding Board Act (Northern Ireland) 2011 to put in place consequential amendments required as a result of the dissolution of the Regional Health and Social Care Board, and the consequent transfer of social care and children functions to Health and Social Care Trusts by way of provisions in the Health and Personal Social Services (Northern Ireland) Order 1991, as amended by Health and Social Care Act 2022.