LegalizeThe Children (1995 Order) (Commencement No. 3) Order (Northern Ireland) 1996
Made: 17th July 1996
In the exercise of the powers conferred on me by Article 1(2) and (3) of the Children (Northern Ireland) Order 1995[^f00001] and of all other powers enabling me in that behalf, I hereby make the following Order:
Citation and interpretation
1
- (1) This Order may be cited as the Children (1995 Order) (Commencement No. 3) Order (Northern Ireland) 1996.
- (2) In this Order, “the 1995 Order” means the Children (Northern Ireland) Order 1995.
Provisions of the 1995 Order brought into operation by this Order
2
- (1) For the purposes of authorising the making of orders, regulations and rules of court, the day appointed for the coming into operation of the provisions of the 1995 Order specified in Schedule 1 is the day following the date on which this Order is made.
- (2) Subject to paragraph (3), the provisions of the 1995 Order not already in operation on 4th November 1996 shall come into operation on that day.
- (3) Paragraph (2) shall not have effect in relation to the provisions of the 1995 Order specified in Schedule 2.
Day appointed for the coming into operation of the Children (Northern Ireland Consequential Amendments) Order 1995
3
The day appointed for the coming into operation of the provisions of the Children (Northern Ireland Consequential Amendments) Order 1995[^f00002] is 4th November 1996.
SCHEDULE 1 — Provisions of the 1995 Order coming into operation on the day following the date on which this Order is made
| Provisions of the 1995 Order | Subject matter |
|---|---|
| Article 4(2) | Reports on child’s welfare |
| Article 7(2) and (3) | Parental responsibility agreements |
| Article 10(7) | Persons entitled to apply for Article 8 orders |
| Article 11(2) | Timetabling of Article 8 proceedings |
| Article 18(4) | Powers and duties of authorities towards children in need |
| Article 27(2)(a), (f)(ii) and (5) | Placement of children looked after: general |
| Article 28 | Placement of children looked after: specific matters |
| Article 31(7) | Appointment of independent visitors for children |
| Article 37(2) | Representations and complaints |
| Article 41(11) | Appeals against contribution orders |
| Article 43 | Recovery of parental contributions towards the maintenance of children looked after |
| Article 44(3) and (8) | Secure accommodation |
| Article 45(1), (2), (5) and (6) | Reviews of children’s cases and representations and complaints about the discharge of authority functions |
| Article 49(2)(b) | Application for court orders by authorised persons |
| Article 51(2) | Timetabling of care and supervision order proceedings |
| Article 53(8) | Refusal of parental contact with children in care |
| Article 57(8)(b) | Variation of directions under interim orders regarding medical or psychiatric examinations or assessments |
| Article 60(2), (5), (6)(i) and (10) | Appointment of guardians ad litem |
| Article 62(12) | Application for variation or discharge of a child assessment order |
| Article 63(5)(c) and (9)(b) | Emergency protection orders |
| Article 67(12) | Application for warrant for police assistance to enforce an emergency protection order |
| Article 70(4) | Refuges for children at risk |
| Article 71 | Rules of court and regulations in relation to emergency protection proceedings |
| Article 73 | Provision of children’s homes by authorities |
| Article 74(2)(h) | Definition of voluntary children’s home |
| Article 75 | Provision of accommodation by voluntary organisations |
| Article 77(3) | Duties of authorities in respect of children accommodated by voluntary organisations |
| Article 80(2), (3), (4) and (5) | Application for registration of a voluntary children’s home |
| Article 82(1) | Cancellation of registration of a voluntary children’s home |
| Article 89(1), (2) and (3) | Placement of children in and conduct of voluntary children’s homes |
| Article 91(2)(h) | Definition of registered children’s homes |
| Article 93(3) | Duties of authorities in respect of children accommodated in registered children’s homes |
| Article 96(2), (3), (4) and (5) | Application for registration of a children’s home |
| Article 98(1) | Cancellation of registration of a registered children’s home |
| Article 105(1), (2) and (3) | Placement of children in and conduct of registered children’s homes |
| Article 108(2) | Welfare of privately fostered children |
| Article 109(1) and (2) | Persons disqualified from being private foster parents |
| Article 112(1) and (2) | Notification of private fostering |
| Article 121(6) | Exemption from requirement to register supervised activities |
| Article 122(1) and (2) | Disqualification from registration as a child minder or person providing day care |
| Article 123(2) | Registration of child minders and persons providing day care |
| Article 125(3) | Requirements to be complied with by child minders |
| Article 126(4) | Requirements to be complied with by persons providing day care |
| Article 127(4) | Fees for replacement of certificate of registration |
| Article 136 | Regulations with respect to the employment of children |
| Article 137(3) | Restrictions on children taking part in public performances |
| Article 138(5) and (7) | Granting of licences for children to take part in public performances |
| Article 140(1) | Requirement to keep and produce records of performances |
| Article 146(4) | Application for a warrant to enter premises in connection with performances by children |
| Article 159(5) and (6) | Appointment of a guardian of the fortune or estate of a child |
| Article 162(2) | Disclaimer of appointment by a parent or guardian |
| Article 165 | Rules of court |
| Article 166(4), (11) and (14) | Appeals against periodical payments orders and the transfer of proceedings to another court |
| Article 167(3) | Attendance at court |
| Article 169(5), (6), (7) and (8) | Admissibility of hearsay evidence |
| Article 170(1) and (5) | Privacy for children involved in certain proceedings |
| Article 172(2) and (4) | Legal aid, advice and assistance |
| Article 178(4) | Search warrants |
| Article 180(2) | Transfer of prescribed orders with the Isle of Man and the Channel Islands |
| Article 182 | Temporary exercise of functions of authorities by the Department |
| Paragraph 6(2) of Schedule 1, and Article 15(1) in so far as it relates to it | Provisions relating to lump sums |
| Paragraph 10 of Schedule 3, and Article 54(2) in so far as it relates to it | Functions of an authority under a supervision order |
| Paragraphs 4(5) and 6(2) of Schedule 5, and Article 91(4) in so far as it relates to them | Exemptions from usual fostering limit and representations and complaints procedures |
| Schedule 7 and Article 164(5) in so far as it relates to it | Jurisdiction — proceedings and appeals |
SCHEDULE 2 — Provisions of the 1995 Order not being brought into operation by this Order
| Provisions of the 1995 Order | Subject matter |
|---|---|
| Article 149(1)(i) | Inspection of schools providing accommodation |
| Article 176 Article 178 only in so far as it relates to Article 176 | Children accommodated in schools Search warrants |
| The following paragraphs of Schedule 9 and Article 185(1) in so far as it relates to them— | Consequential amendments |
| paragraph 17 | Amendment to the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 |
| paragraph 109 | Amendment to the Domestic Proceedings (Northern Ireland) Order 1980 |
| The following repeals in Schedule 10 and Article 185(2) in so far as it relates to them— | Repeals |
| the Domestic Proceedings (Northern Ireland) Order 1980[^f00003], Articles 25(1) and 26 | Variation and revocation of orders |
Signed
P. B. B. Mayhew — One of Her Majesty’s Principal Secretaries of State — 7th July 1996
Explanatory note
(This note is not part of the Order).
This Order provides for the coming into operation on the day following the date on which the Order is made of provisions in the Children (Northern Ireland) Order 1995 (“the 1995 Order”) authorising the making of orders, regulations or rules of court.
The Order also provides for the coming into operation on 4th November 1996 of the remaining provisions of the 1995 Order not already in operation, except for those provisions specified in Schedule 2 to this Order.
It also provides for the coming into operation on 4th November 1996 of the Children (Northern Ireland Consequential Amendments) Order 1995.
Footnotes
[^f00001]: S.I. 1995/755 (N.I. 2)
[^f00002]: S.I. 1995/756
[^f00003]: S.I. 1980/563 (N.I. 5)
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