Definition of Independent Visitors (Children) Regulations (Northern Ireland) 1996

Made: 18th September 1996

Coming into operation: 4th November 1996

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 31(7) of the Children (Northern Ireland) Order 1995[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Definition of Independent Visitors (Children) Regulations (Northern Ireland) 1996 and shall come into operation on 4th November 1996.

Independent visitors

2

A person appointed by an authority as an independent visitor under Article 31(1) of the Children (Northern Ireland) Order 1995 shall be regarded as independent of the authority appointing him in the following circumstances—

• (a) where the person appointed is not connected with the authority by virtue of being—

• (i) a member or director of the authority or a member of any of its committees or sub-committees,

• (ii) an officer of the authority, or

• (iii) a spouse of any such person;

• (b) where the child who is to receive visits from the person appointed is accommodated by an organisation other than the authority and the person appointed is not—

• (i) a member of that organisation,

• (ii) a patron or trustee of that organisation,

• (iii) an employee of that organisation, whether paid or not, or

• (iv) a spouse of any such person.

Signed

Sealed with the Official Seal of the Department of Health and Social Services on 18th September 1996.

P. A. Conliffe — Assistant Secretary

Explanatory note

(This note is not part of the Regulations.)

These Regulations prescribe the circumstances in which a person appointed as an independent visitor is to be regarded as independent of the authority appointing him.

Regulation 2(a) provides that authority members or directors, employees and their spouses, are not to be regarded as independent. Regulation 2(b) provides that where the child is accommodated on behalf of the authority by some organisation other than an authority, certain persons connected with that organisation shall not be regarded as independent.

Article 31 (7) of the Children (Northern Ireland) Order 1995 is the enabling provision under which these Regulations are made. It was brought into operation on 18th July 1996 by Article 2(1) of, and Schedule 1 to, the Children (1995 Order) (Commencement No. 3) Order (Northern Ireland) 1996 ([S.R. 1996 No. 297 (C. 17)](https://www.legislation.gov.uk/nisr/1996/297)).

Footnotes

[^f00001]: S.I. 1995/755 (N.I. 2)