The Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010

Northern Ireland authorities: application for interim care order or supervision order E+W+N.I.

6.—(1) This regulation applies where—

(a) a Northern Ireland authority thinks that the conditions in Article 50(2)(a) and (b) of the Children (Northern Ireland) Order 1995 (threshold for care and supervision orders) are met, and

(b) one of the following applies in relation to the child—

(i) Article 11 of the Convention (measures of protection in cases of urgency),

(ii) Article 12 of the Convention (measures of a provisional character). F1 ...

F1 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where this regulation applies, Article 57 of the Children (Northern Ireland) Order 1995 has effect as if—

(a) for paragraph (1)(a) and (b) there were substituted—

“(a) an authority makes an application for an interim care order or interim supervision order in relation to a child, and

(b) one of the following applies in relation to the child—

(i) Article 11 of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996 (measures of protection in cases of urgency) (“the Convention”),

(ii) Article 12 of the Convention (measures of a provisional character), F2 ...

F2 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”,

(b) paragraph (3) were omitted,

(c) in paragraph (4)(b) the words “in the same proceedings” were omitted, and

(d) for paragraph (4)(c) to (e) there were substituted—

“(c) in a case which falls within subsection (1)(b)(i) or (ii), when—

(i) the authorities in another Contracting State with jurisdiction under the Convention have taken the measures required by the situation, or

(ii) measures taken by the authorities of another State are recognised in Northern Ireland.

F3 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(3) Where this regulation applies, Article 60 of the Children (Northern Ireland) Order 1995 (representation of child’s interests) has effect as if in paragraph (6) there were included a reference to an application for an interim care order or interim supervision order by virtue of this regulation.

Textual Amendments

F1 Reg. 6(1)(b)(iii) and word omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 37(4)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 6(2)(a) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 37(4)(b)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 6(2)(d) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 37(4)(b)(ii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 6 in force at 1.11.2012 in accordance with, see reg. 1(2)