The Children (Northern Ireland) Order 1995
1995/755 · Made 15 March 1995 · Extends to Northern Ireland
Annotations to the whole text
Modifications
- C1
Order applied (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), arts. 1(2), 14(2)-(4); S.S.I. 2013/195, art. 2
- C2
Order extended (21.12.2006) by Children (Prescribed Orders - Isle of Man and Guernsey) Regulations (Northern Ireland) 2006 (S.R. 2006/480), regs. 1(1), 2;
Order modified (21.12.2006) by Children (Prescribed Orders - Isle of Man and Guernsey) Regulations (Northern Ireland) 2006 (S.R. 2006/480), regs. 1(1), 5
- C3
Order: functions of Lord Chancellor transferred to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(1), Sch. 17 para. 44 (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)
- C4
Order: certain provisions applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010/312), regs. 1, 16, Sch. 2
Contents
- Part I: INTRODUCTORY
- 1Title and commencement
- 2Interpretation
- Part II: GENERAL
- Child's welfare
- 3Child's welfare to be paramount consideration
- 4Reports on child's welfare
- Parental responsibility
- 5Parental responsibility for children
- 6Meaning of “parental responsibility”
- 7Acquisition of parental responsibility
- Part III: ORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS
- General
- 8Residence, contact and other orders with respect to children
- 9Restrictions on making Article 8 orders
- 10Power of court to make Article 8 orders
- 11General principles and supplementary provisions
- 12Residence orders and parental responsibility
- 12AResidence and contact orders and domestic violence
- 13Change of child's name or removal from jurisdiction
- 14Enforcement of residence orders
- Financial relief
- 15Orders for financial relief with respect to children
- Family assistance orders
- 16Family assistance orders
- Part IV: SUPPORT FOR CHILDREN AND THEIR FAMILIES
- Children in need and their families
- 17Interpretation
- 17AAssessments and services for children who are carers
- 18General duty of authority to provide social care for children in need, their families and others
- 18AAssessments: carers of disabled children
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 18CDirect payments
- 18DInformation for carers
- 19Day care for pre-school and other children
- 20Review of provision for day care, child minding, etc.
- 21Provision of accommodation for children: general
- 22Powers of person with parental responsibility
- 23Provision of accommodation for children in police protection
- 24Recoupment of cost of providing services, etc.
- Children looked after by an authority
- 25Interpretation
- 26General duty of authority
- 27Accommodation and maintenance for children
- 28Regulations under Article 27
- 29Promotion and maintenance of contact between child and family
- 30Visits to or by children: expenses
- 31Appointment of visitor for child who is not being visited
- 32Power to guarantee apprenticeship deeds, etc.
- 33Arrangements to assist children to live abroad
- 34Death of children being looked after by an authority
- 34APreparation for ceasing to be looked after
- 34BThe responsible authority and relevant children
- 34CAdditional functions of the responsible authority in respect of relevant children
- 34DContinuing functions in respect of former relevant children
- 34EPersonal advisers
- 34FPathway Plans
- Advice and assistance for certain children and young persons
- 35Persons qualifying for advice and assistance
- 35AAdvice and assistance
- 35BEmployment, education and training
- 35CInformation
- 35DRepresentations: Articles 34B to 35B
- Contributions towards maintenance of children looked after by an authority
- 38Interpretation
- 39Liability to contribute
- 40Agreed contributions
- 41Contribution orders
- 42Enforcement of contribution orders, etc.
- 43Regulations
- Miscellaneous
- 44Secure accommodation
- 45Reviews and representations
- 46Co-operation between authorities and other bodies
- 47Consultation with the Education Authority
- 48Miscellaneous
- Part V: CARE AND SUPERVISION
- Introductory
- 49Interpretation
- General
- 50Care orders and supervision orders
- 51Timetable for proceedings
- Care orders
- 52Effect of care order
- 53Parental contact etc. with children in care
- Supervision orders
- 54Supervision orders
- Education supervision orders
- 55Education supervision orders
- Powers of court
- 56Investigation into child's circumstances
- 57Interim orders
- 57APower to include exclusion requirement in interim care order
- 58Discharge and variation, etc., of care orders and supervision orders
- 59Orders pending appeals in cases about care or supervision orders
- Children’s court guardians
- 60Representation of child and of his interests in certain proceedings
- 61Right of children’s court guardian to have access to records
- Part VI: PROTECTION OF CHILDREN
- 62Child assessment orders
- 63Orders for emergency protection of children
- 63APower to include exclusion requirement in emergency protection order
- 64Duration of emergency protection orders and other supplementary provisions
- 65Removal and accommodation of children by police in cases of emergency
- 66Authority's duty to investigate
- 67Powers to assist in discovery of children who may be in need of emergency protection
- 68Abduction of children in care, etc.
- 69Recovery of abducted children, etc.
- 70Refuges for children at risk
- 71Rules of court and regulations
- Part VII: HOMES PROVIDED BY AN AUTHORITY
- 72Provision of homes by an authority
- 73Regulations
- Part VIII: VOLUNTARY HOMES AND VOLUNTARY ORGANISATIONS
- Introductory
- 74Interpretation
- Voluntary organisations
- 75Provision of accommodation for children
- 76Duties of voluntary organisations
- 77Duties of an authority
- Voluntary homes
- 78Persons disqualified from carrying on, or being employed in, voluntary homes
- 78AAppeal against refusal of consent under Article 78
- Regulations
- 89Regulations
- Part IX: PRIVATE CHILDREN'S HOMES
- Introductory
- 90Interpretation
- 91“Children's home” further defined
- General
- 92Duties of person carrying on private children's home
- 93Duties of an authority
- 94Persons disqualified from carrying on, or being employed in, private children's homes
- 94AAppeal against refusal of consent under Article 94
- Registration
- Regulations
- 105Regulations
- Part X: PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN
- 106Interpretation
- 107Privately fostered children further defined
- 108Welfare of privately fostered children
- 109Persons disqualified from being private foster parents
- 110Power to prohibit private fostering
- 111Power to impose requirements
- 112Regulations requiring notification of fostering, etc.
- 113Appeals
- 114Application of this Part to certain school children during holidays
- 115Advertisements relating to fostering
- 116Avoidance of insurances on lives of privately fostered children
- 117Offences
- Part XI: CHILD MINDING AND DAY CARE FOR YOUNG CHILDREN
- 118Registration
- 119Persons who act as child minders
- 120Persons who provide day care for children under the age of twelve
- 121Exemptions
- 122Disqualified persons
- 123Application for registration
- 124Refusal of registration
- 125Requirements to be complied with by child minders
- 126Requirements to be complied with by persons providing day care for young children
- 127Certificate of registration
- 128Cancellation of registration
- 129Protection of children in an emergency
- 130Inspection
- 131Appeals
- 132Offences
- Part XII: EMPLOYMENT OF CHILDREN
- Introductory
- 133Interpretation
- 134Exemptions and saving
- General
- 135General restrictions on the employment of children
- 136Regulations with respect to the employment of children
- Performances
- 137Restrictions on taking part in public performances, etc.
- 138Granting of licences
- 139Variation and revocation of licences
- 140Requirement to keep and produce records
- Dangerous performances
- 141Performances endangering life or limb
- 142Training for performances of a dangerous nature
- 143Licensing of training children over twelve for performances of a dangerous nature
- Supplementary
- 144Notice of refusal of licence, etc.
- 145Appeal against refusal of licence, etc.
- 146Powers of entry
- 147Offences
- 148Defences
- XIIIDEPARTMENT'S SUPERVISORY FUNCTIONS AND RESPONSIBILITIES
- 149Inspection of children's homes, etc., by Department
- 150Powers of persons authorised by Department
- 151Power to exempt children's homes, etc., from inspection
- 153Child care training
- 154Research and information
- Part XIV: PARENTS NOT MARRIED TO EACH OTHER
- 155Parents not being married to , or civil partners of, each other to have no effect in law on relationships
- 156Application of principle to certain existing statutory provisions
- 157Property rights
- 158Repeal of Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924
- Part XV: GUARDIANS
- 159Appointment by court
- 160Appointment by parent or guardian
- 161Revocation of appointment by parent or guardian
- 162Disclaimer of appointment by parent or guardian
- 163Termination by court
- Part XVI: JURISDICTION AND PROCEDURE
- 164Jurisdiction
- 165Rules of court
- 166Appeals
- 167Attendance of child and his parents, etc., at hearing under Part V or VI
- 168Power to clear court while child is giving evidence in certain proceedings
- 169Evidence given by, or with respect to, children
- 170Privacy for children involved in certain proceedings
- 171Self-incrimination
- 172Legal aid, advice and assistance Repealed
- 173Restrictions on use of wardship jurisdiction
- Part XVII: MISCELLANEOUS AND GENERAL
- Children accommodated in certain establishments
- 174Children accommodated in hospitals
- 175Children accommodated in certain homes and in private hospitals
- 176Children accommodated in schools
- 177Children not accommodated in schools
- Search warrants
- 178Police assistance in exercise of powers of search and inspection
- Effect and duration of orders, etc.
- 179Effect and duration of orders, etc.
- 180The Isle of Man and the Channel Islands
- Miscellaneous
- 181Report on the operation of this Order
- 181ADelegation of functions by Lord Chief Justice
- 182Temporary exercise of functions of authorities by Department
- 183Regulations and orders
- 184Transitional provisions and savings
- Schedule 1: FINANCIAL PROVISION FOR CHILDREN
- Part: Interpretation
- 1Paragraph 1
- Part: Orders for financial relief against parents
- 2Paragraph 2
- Part: Orders for financial relief for persons over 18
- 3Paragraph 3
- Part: Duration of orders for financial relief
- 4Paragraph 4
- Part: Matters to which court is to have regard in making orders for financial relief
- 5Paragraph 5
- Part: Provisions relating to lump sums
- 6Paragraph 6
- Part: Variation, etc., of orders for periodical payments
- 7Paragraph 7
- Part: Variation of orders for periodical payments etc. made by court of summary jurisdiction
- 8Paragraph 8
- Part: Variation of orders for secured periodical payments after death of parent
- 9Paragraph 9
- Part: Financial relief under other statutory provisions
- 10Paragraph 10
- Part: Interim orders
- 11Paragraph 11
- Part: Alteration of maintenance agreements
- 12Paragraph 12
- 13Paragraph 13
- Part: Notice of change of address
- 14Paragraph 14
- Part: Direction for settlement of instrument by conveyancing counsel
- 15Paragraph 15
- Part: Jurisdiction ...
- 16Paragraph 16
- Part: Contribution by an authority to child's maintenance
- 17Paragraph 17
- Schedule 2: PROVISION OF SERVICES FOR FAMILIES: SPECIFIC POWERS AND DUTIES
- Part: Identification of children in need
- 1Paragraph 1
- Part: Provision of information
- 2Paragraph 2
- Part: Children's services plans
- 2AParagraph 2A
- Part: Maintenance of register of disabled children
- 3Paragraph 3
- Part: Assessment of children's needs
- 4Paragraph 4
- Part: Prevention of neglect and abuse
- 5Paragraph 5
- Part: Provision of accommodation for another person to protect child
- 6Paragraph 6
- Part: Services for disabled children
- 7Paragraph 7
- Part: Steps to reduce need for care proceedings, etc.
- 8Paragraph 8
- Part: Provision for children living with their families
- 9Paragraph 9
- Part: Family centres
- 10Paragraph 10
- Part: Maintenance of the family home
- 11Paragraph 11
- Part: Duty to consider racial groups to which children in need belong
- 12Paragraph 12
- Schedule 3: SUPERVISION ORDERS
- Part: Meaning of “responsible person”
- 1Paragraph 1
- Part: Power of supervisor to give directions to supervised child
- 2Paragraph 2
- Part: Imposition of obligations on responsible person
- 3Paragraph 3
- Part: Psychiatric and medical examinations
- 4Paragraph 4
- Part: Psychiatric and medical treatment
- 5Paragraph 5
- Part: Life of supervision order
- 6Paragraph 6
- Part: Information to be given to supervisor, etc.
- 7Paragraph 7
- Part: Selection of supervisor
- 8Paragraph 8
- Part: Effect of supervision order on earlier orders
- 9Paragraph 9
- Part: Regulations
- 10Paragraph 10
- Schedule 4: EDUCATION SUPERVISION ORDERS
- Part: Interpretation
- 1Paragraph 1
- Part: Effect of orders
- 2Paragraph 2
- 3Paragraph 3
- Part: Effect where child also subject to other orders
- 4Paragraph 4
- Part: Duration of orders
- 5Paragraph 5
- Part: Information to be given to supervisor, etc.
- 6Paragraph 6
- Part: Discharge of orders
- 7Paragraph 7
- Part: Offences
- 8Paragraph 8
- Part: Persistent failure of child to comply with directions
- 9Paragraph 9
- Schedule 5: FOSTER PARENTS: LIMITS ON NUMBER OF FOSTER CHILDREN
- Part: Interpretation
- 1Paragraph 1
- Part: The usual fostering limit
- 2Paragraph 2
- Part: Siblings
- 3Paragraph 3
- Part: Exemption by an authority
- 4Paragraph 4
- Part: Effects of exceeding fostering limit
- 5Paragraph 5
- Part: Complaints, etc.
- 6Paragraph 6
- Schedule 6: PROPERTY RIGHTS WHERE PARENTS NOT MARRIED TO OR CIVIL PARTNERS OF EACH OTHER
- Part: Succession on intestacy
- 1Paragraph 1
- Part: Dispositions of property
- 2Paragraph 2
- Part: No special protection for trustees and personal representatives
- 3Paragraph 3
- Part: Entitlement to grant of probate, etc.
- 4Paragraph 4
- Schedule 7: JURISDICTION
- Part: Commencement of proceedings
- 1Paragraph 1
- Part: Transfer of proceedings
- 2Paragraph 2
- Part: Emergency protection orders
- 3Paragraph 3
- Part: General
- 4Paragraph 4
- Schedule 8
- Part: TRANSITIONALS AND SAVINGS
- Pending proceedings, etc.
- 1Paragraph 1
- 2Paragraph 2
- Part: CUSTODY ORDERS, ETC.
- Cessation of declarations of unfitness, etc.
- 3Paragraph 3
- Orders to which paragraphs 5 to 10 apply
- 4Paragraph 4
- Parental responsibility of parents
- 5Paragraph 5
- Persons who are not parents but who have custody or care and control
- 6Paragraph 6
- Persons who have care and control
- 7Paragraph 7
- Persons who have access
- 8Paragraph 8
- Enforcement of certain existing orders
- 9Paragraph 9
- Discharge of existing orders
- 10Paragraph 10
- CHILDREN IN CARE
- Children in compulsory care
- 11Paragraph 11
- 12Paragraph 12
- Cessation of wardship where child is in care
- 13Paragraph 13
- Children placed with parent, etc., while in compulsory care
- 14Paragraph 14
- Children in voluntary care
- 15Paragraph 15
- Boarded out children
- 16Paragraph 16
- Children in care to qualify for advice and assistance
- 17Paragraph 17
- Emigration of children in care
- 18Paragraph 18
- Contributions for maintenance of children in care
- 19Paragraph 19
- Supervision orders
- 20Paragraph 20
- 21Paragraph 21
- Other supervision orders
- 22Paragraph 22
- Place of safety orders
- 23Paragraph 23
- Voluntary homes
- 24Paragraph 24
- Foster children
- 25Paragraph 25
- Child minders
- 26Paragraph 26
- Guardians
- Existing guardians to be guardians under this Order
- 27Paragraph 27
- Appointment of guardian not yet in effect
- 28Paragraph 28
- Children accommodated in certain establishments
- 29Paragraph 29
- Training school orders
- 30Paragraph 30
- Miscellaneous
- 31Paragraph 31
- Affiliation orders, etc.
- 32Paragraph 32
- Property rights where parents not married to each other
- 33Paragraph 33
- Attendance of child before court
- 34Paragraph 34
- Saving for certain amendments of 1968 Act
- 36Paragraph 36
- Schedule Schedule
- Schedule Schedule