The Children (Northern Ireland) Order 1995, Section 174 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
174.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where a child is provided with accommodation in a hospital administered by a [F2Health and Social Care trust]—
(a)for a consecutive period of at least three months; or
(b)with the intention, on the part of the trust, of accommodating him for such a period,
the trust shall notify the responsible authority.
(3) Where paragraph F3... (2) applies, the F4... trust shall also notify the responsible authority when the child ceases to be accommodated in the hospital.
(4) Paragraphs [F5(2) and] (3) shall not apply where the F6... trust is the responsible authority.
(5) In this Article “the responsible authority” means—
(a)the authority appearing to the F7... trust to be the authority within whose area the child was ordinarily resident immediately before being accommodated in that hospital; or
(b)where it appears to the F7... trust that the child was not resident within the area of any authority, the authority within whose area the hospital is situated.
(6) Where an authority has been notified under this Article or would but for paragraph (4) have been notified under this Article, it shall—
(a)take such steps as are reasonably practicable to enable it to determine whether the child's welfare is adequately safeguarded and promoted while he is accommodated by the F8... trust; and
(b)consider the extent to which (if at all) any functions under this Order should be exercised with respect to the child by it or another F8... trust.
(7) A person authorised by an authority may enter a hospital for the purpose of establishing whether the requirements of this Article have been complied with.
(8) Any person exercising the power conferred by paragraph (7) shall, if so required, produce some duly authenticated document showing his authority to do so.
F1Art. 174(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(2); S.R. 2022/102, art. 2(b)
F2Words in art. 174(2) substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F3Words in art. 174(3) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(3)(a); S.R. 2022/102, art. 2(b)
F4Words in art. 174(3) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(3)(b); S.R. 2022/102, art. 2(b)
F5Words in art. 174(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(4)(a); S.R. 2022/102, art. 2(b)
F6Words in art. 174(4) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(4)(b); S.R. 2022/102, art. 2(b)
F7Words in art. 174(5) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(5); S.R. 2022/102, art. 2(b)
F8Words in art. 174(6) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 165(5); S.R. 2022/102, art. 2(b)
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