The Criminal Justice (Children) (Northern Ireland) Order 1998

Prospective

[F1 Period in secure accommodation under custody care order N.I.

44B— (1) This Article makes provision about the application of the Children (Northern Ireland) Order 1995 (N.I. 2) in relation to a child during any period for which he is kept in secure accommodation by the appropriate authority under a custody care order (or under any other order under this Order or as a place of safety).

(2) Of the provisions about a child looked after by an authority (within the meaning of Article 25) those specified in paragraph (3) (and no others) apply.

(3) Those provisions are—

(a) Article 26 (duty to safeguard and promote welfare);

(b) Article 27(1), (2)(b), (e) and (f), (8) and (9) and Article 28(2) (accommodation and maintenance);

(c) Article 29(1), (2) and (4) to (6) (promotion and maintenance of contact with family);

(d) Articles 30 and 31 (visits);

(e) Article 34 (death);

(f) Article 35(1) and Article 36(1) and (4) (advice, assistance and befriending);

(g) Article 45 (reviews and representations); and

(h) Articles 72 and 73 (provision of homes).

(4) In their application by virtue of paragraph (2)—

(a) Article 29(4) has effect with the omission of sub-paragraph (a); and

(b) Article 34(1)(a) has effect as if the reference to the Department were to the Department and the [F2 Department of Justice].

(5) The following provisions—

(a) Article 5(7) (person having parental responsibility not to act inconsistently with order);

(b) Article 52(3) to (6), (7)(a) and (9) (effect of care order); and

(c) Article 53(1) to (9) (parental contact),

apply as if the custody care order (or the other order or the placing of the child in a place of safety) were a care order and the appropriate authority were the authority designated by it and in whose care the child is.

(6) Articles 8 to 14 (residence, contact etc. orders) and Articles 17 to 24 (children in need) do not apply.

(7) No care order or supervision order under Part 5 may be made or, if such an order has already been made, it does not have effect.]

F1 Arts. 44A-44G and preceding cross-heading inserted (prosp.) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 56, 87(1)

F2 Words in art. 44B substituted by 2002 (c. 26), ss. 56, 87(1) (as amended (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 11, Sch. 13 para. 11(2) (with arts. 28-31)); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 1998/1504, art. 44B)