Children (Northern Ireland Consequential Amendments) Order 1995

JurisdictionUK Non-devolved
CitationSI 1995/756

1995 No. 756

NORTHERN IRELAND

The Children (Northern Ireland Consequential Amendments) Order 1995

Made 15th March 1995

Coming into force in accordance with Article 1(2)

At the Court at Buckingham Palace, the 15th day of March 1995

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by section 38(2) of the Northern Ireland Constitution Act 19731, as extended by paragraph 1(7) of Schedule 1 to the Northern Ireland Act 19742, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

S-1 Title, commencement and extent

Title, commencement and extent

1.—(1) This Order may be cited as the Children (Northern Ireland Consequential Amendments) Order 1995.

(2) This Order comes into force on such day or days as may be appointed by order made under Article 1(2) of the Children (Northern Ireland) Order 19953.

(3) Subject to paragraphs (4) to (7), this Order extends to the whole of the United Kingdom.

(4) Articles 6 and 12(5)(a), (b) and (c) extend to England and Wales only.

(5) Articles 7(2) and (3) and 12(3) extend to England and Wales and Northern Ireland.

(6) Article 12(5)(d) and (e) extend to Scotland only.

(7) Article 13 extends to England and Wales and Scotland.

S-2 The Maintenance Orders Act 1950

The Maintenance Orders Act 1950

2.—(1) The Maintenance Orders Act 19504shall have effect subject to the following provisions of this Article.

(2) In section 12 (contributions under enactments relating to children, etc.)—

(a)

(a) in subsection (1)(a) for the words from “section 156” to “that Act)” there shall be substituted the words “Article 41 of the Children (Northern Ireland) Order 1995 (which provides for the recovery from persons liable to contribute of sums in respect of children looked after by an authority under that Order)”;

(b)

(b) in subsection (2) for the words “section 156” there shall be substituted the words “Article 41”.

(3) In section 15(1)(a) (service of process), for sub-paragraph (v) there shall be substituted the following sub-paragraph—

“(v)

“(v) Article 164 of and Schedule 7 to the Children (Northern Ireland) Order 1995 or Article 165(2)(g) of that Order; or ”.

(4) In section 16(2)(c) (application of Part II)—

(a)

(a) for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

“(ii)

“(ii) Schedule 1 to the Children (Northern Ireland) Order 1995;”;

(b)

(b) in sub-paragraph (iv) for the words from the beginning to “1968” there shall be substituted “Article 41 of the Children (Northern Ireland) Order 1995”.

(5) In section 18(3) (enforcement of registered orders), for the words from “if it were” to the end there shall be substituted the words “an order made by that court to which Article 98 of the Magistrates' Courts (Norther Ireland) Order 1981 applies, subject to the modifications of that Article specified in subsection (3ZA) of this section”.

(6) In section 25 (rules as to procedure of courts of summary jurisdiction), after subsection (2) there shall be inserted the following subsection—

S-2A

“2A Without prejudice to the generality of the power to make rules under Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981, for the purpose of giving effect to this Part of this Act such rules may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (2) above which—

(a) falls within paragraph (2) of Article 165 of the Children (Northern Ireland) Order 1995, and

(b) may be made in relation to relevant proceedings under that Article.”

S-3 The Army Act 1955

The Army Act 1955

3. In section 151 (1A) of the Army Act 19555(deductions from pay for maintenance of wife or child), for paragraph (c) there shall be substituted the following paragraph—

“(c)

“(c) he is being looked after by an authority (within the meaning of the Children (Northern Ireland) Order 1995).”.

S-4 The Air Force Act 1955

The Air Force Act 1955

4. In section 151(1A) of the Air Force Act 19556(deductions from pay for maintenance of wife or child), for paragraph (c) there shall be substituted the following paragraph—

“(c)

“(c) he is being looked after by an authority (within the meaning of the Children (Northern Ireland) Order 1995).”.

S-5 The Social Work (Scotland) Act 1968

The Social Work (Scotland) Act 1968

5.—(1) The Social Work (Scotland) Act 19687shall have effect subject to the following provisions of this Article.

(2) In section 72 (supervision of children moving to England or Northern Ireland), for subsection (2) there shall be substituted the following subsections—

S-2

“2 A juvenile court to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement—

(a) if he is over the age of ten years but has not attained the age of fourteen years, a supervision order placing the child under the supervision of a probation officer;

(b) if he is over the age of fourteen years, a probation order; or

(c) in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995.

S-2A

2A An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent.

S-2B

2B Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order.”.

(3) In section 74 (parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland), for subsection (5) there shall be substituted the following subsection—

S-5

“5 An order under this section committing a child to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 shall have effect as if it were a care order under that Order, but as if Article 50(9) were omitted.”.

(4) In section 75 (parent of a child subject to a training school order or a committal order moving to Scotland)—

(a)

(a) in subsection (2), for the words from “a welfare authority in Northern Ireland” to “1947 or” there shall be substituted the words “an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland by a care order (other than an interim order) within the meaning of that Order or an order under”;

(b)

(b) in subsection (3), for the word “welfare” there shall be substituted the word “other”.

(5) In section 76(4) (procedure)—

(a)

(a) for the words “or of a welfare authority” there shall be substituted the words “or of an authority within the meaning of the Children (Northern Ireland) Order 1995”;

(b)

(b) for the words “or welfare” there shall be substituted the words “or other”.

(6) In section 94(1) (interpretation) in the definition of “supervision order”, for the words from “has the meaning assigned to it by section 63(1)(d)” to “1950” there shall be substituted the words “means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995”.

S-6 The Civil Evidence Act 1968

The Civil Evidence Act 1968

6. In section 12 of the Civil Evidence Act 19688(findings of adultery and paternity as evidence in civil proceedings)—

(a) in subsection (1)(b), after the words “England and Wales” there shall be inserted the words “or Northern Ireland”;

(b) in subsection (5), in the definition of “relevant proceedings”, after paragraph (d) add the following paragraph—

“(e)

“(e) proceedings which are relevant proceedings as defined in section 8(5) of the Civil Evidence Act (Northern Ireland) 1971”.

S-7 The Children and Young Persons Act 1969

The Children and Young Persons Act 1969

7.—(1) The Children and Young Persons Act 19699shall be amended in accordance with the following provisions of this Article.

(2) In subsection (1) of section 25 (transfers between England or Wales and Northern Ireland) for the words “by a fit person order or by virtue of a training school order or by any order which has effect as if it were a fit person order or by an order under subsection (2) below” there shall be substituted the words “by a relevant order”.

(3) After subsection (1) of section 25 there shall be inserted the following subsection—

S-1A

“1A In subsection (1) above “by a relevant order” means—

(a) by a fit person order;

(b) by virtue of a training school order; or

(c) by an order under subsection (2) below;

where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.”.

(4) In subsection (1) of section 32 (detention of absentees), in paragraph (d), after the word “1968” there shall be inserted the words “(but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order)”.

S-8 The Maintenance Orders (Reciprocal Enforcement) Act 1972

The Maintenance Orders (Reciprocal Enforcement) Act 1972

8. In section 27B(3) of the Maintenance Orders (Reciprocal Enforcement) Act 197210(sending application to appropriate magistrates' court), for “28C” substitute “28D(1)”.

S-9 The Armed Forces Act 1981

The Armed Forces Act 1981

9. In section 14(9A) of the Armed Forces Act 198111(temporary removal to, and detention in, place of safety...

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