Paragraph 2
Article 2f1 (interpretation) is modified as follows.
Paragraph (1) has effect as if the words “Article 1 and” were omitted.
Paragraph (2) has effect as if—
before “adoption agency” there were inserted—
““the 2008 Act” means the Human Fertilisation and Embryology Act 2008;”;
for the definition of “adoption rules” there were substituted—
““rules” means rules of court, county court rules or rules made under Article 12 of the Family Law (Northern Ireland) Order 1993f2;”
for the definition of “authorised court” there were substituted—
““authorised court” means—
- (a)
in the case of an application for a parental order—
- (i)
the High Court;
- (ii)
the county court;
- (b)
in the case of an application under Article 30 (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations) the court in which that application is pending;”;
for the definition of “existing” there were substituted—
““existing” in relation to an instrument, means one made at any time before the commencement of Part V;”;
for the definition of “parent” there were substituted—
““parent”, except for the purposes of Articles 40(3) and 47(1) (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations), means, in relation to a child, any parent who has parental responsibility for the child under the Children (Northern Ireland) Order 1995f3;”;
after the definition of “parent” there were inserted—
““the Parental Order Regulations” means the Human Fertilisation and Embryology (Parental Orders) Regulations 2018;
“parental orders” means either an order under section 54 (parental orders) or section 54A (parental orders: one applicant) of the 2008 Act;”;
for the definition of “parental responsibility” there were substituted ““parental responsibility” has the same meaning as in the Children (Northern Ireland) Order 1995 (as applied with modifications by regulation 5 of and Schedule 4 to the Parental Order Regulations);”;
for the definition of “prescribed” there were substituted ““prescribed” in Article 54 (as applied with modifications by the Parental Order Regulations) means prescribed by regulations made by the Department of Finance and elsewhere means prescribed by rules;”.
Annotations
Footnotes
- f1
-
Article 2 was amended by section 6 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2011 (c. 11), paragraph 138 of Schedule 9 to S.I. 1995/755 and paragraph 11 of Schedule 1(2) to S.I. 2011/1740. Other amendments have been made which are not relevant to this instrument.
- f2
- f3