The Children (Northern Ireland) Order 1995

Explanatory Note

(This note is not part of the Order)

This Order replaces the provisions of the Children and Young Persons Act (Northern Ireland) 1968 which are the responsibility of the Department of Health and Social Services and also amends the law relating to illegitimacy and guardianship.

Part II makes the welfare of a child the court’s paramount consideration in certain proceedings (Article 3) and defines the concept of parental responsibility for the purposes of the Order (Article 6). Part III provides for various orders with respect to children in family proceedings.

Part IV imposes general and specific duties on Health and Social Services Boards and Health and Social Services trusts towards children in need and their families and towards children looked after by Boards or trusts. Part V provides for care and supervision orders and Part VI provides for child assessment orders and orders for the emergency protection of children. Parts VII to IX regulate homes provided for children by Health and Social Services Boards, Health and Social Services trusts, voluntary organisations and others. Parts X and XI make provision relating to private arrangements for fostering children and child minding and day care for children under twelve. Part XII imposes restrictions on the employment of children and on performances involving children.

Part XIII contains general provisions relating to the Department of Health and Social Services' supervisory functions and responsibilities.

Part XIV provides for parents not being married to each other to have no effect in law on relationships deduced through parents. Part XV provides for the appointment of guardians. Part XVI contains provisions relating to jurisdiction and procedure and Part XVII contains miscellaneous and general provisions.