The Child Abduction (Northern Ireland) Order 1985

Article 3(7).

SCHEDULE N.I. MODIFICATIONS OF ARTICLE 3 FOR CHILDREN IN CERTAIN CASES

Children [F1 in the care of an authority]F2 . . . N.I.

F1 1995 NI 2

F2 1998 NI 9

1.—(1) This paragraph applies in the case of a child who is [F3 in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995)]F4 . . . N.I.

(2) Where this paragraph applies, Article 3 shall have effect as if—

(a) the reference in paragraph (1) to the appropriate consent were a reference to the consent of the[F3 authority]F4 . . . ; and

(b) paragraphs[F3 (2A) to (4)] and the definition of “the appropriate consent” in paragraph (5) were omitted.

F3 1995 NI 2

F4 1998 NI 9

Para. 2 rep. by 1998 NI 9

Adoption N.I.

3.—(1) This paragraph applies in the case of a child— N.I.

[F5 (a) who is the subject of an order under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 freeing him for adoption; or

(aa) who is the subject of a pending application for such an order; or

(aaa) who is the subject of a pending application for an adoption order; or]

(b) who is the subject of an order under[F5 Article 57 of the Adoption (Northern Ireland) Order 1987 or] section 38 of the Adoption Act (Northern Ireland) 1967 relating to adoption abroad or of a pending application for such an order.

(2) Where this paragraph applies, Article 3 shall have effect as if—

(a) the reference in paragraph (1) to the appropriate consent were a reference—

[F5 (i) in a case within sub‐paragraph (1)(a), to the consent of the adoption agency which made the application for the order or, if the[F6 order has been varied under Article 21 of the Adoption (Northern Ireland) Order 1987 so as to give parental responsibility to another agency] to the consent of that other agency;

(ia) in a case within sub‐paragraph (1)(aa) or (aaa), to the leave of the court to which the application was made; and]

(ii) in a case within sub-paragraph (1)(b), to the leave of the court which made the order or, as the case may be, to which the application was made, and

(b) paragraphs[F6 (2A) to (4)] and the definition of “the appropriate consent” in paragraph (5) were omitted.

[F5 (3) In this paragraph—

(a) “adoption agency” has the same meaning as in Article 3 of the Adoption (Northern Ireland) Order 1987; and

(b) “adoption order” means an order under Article 12(1) of that Order.]

F5 1987 NI 22

F6 1995 NI 2

Children subject to training school orders N.I.

4.—(1) This paragraph applies in the case of a child who is subject to a [F7 juvenile justice centre] orderF8 , except where he is lawfully living with his parents or either of them. N.I.

(2) Where this paragraph applies, Article 3 shall have effect as if—

(a) the reference in paragraph (1) to the appropriate consent were a reference to the consent ofF8 the managers of the[F7 juvenile justice centre]F8 ; and

(b) paragraphs[F9 (2A) to (4)] and the definition of “the appropriate consent” in paragraph (5) were omitted.

[F7 (3) In this paragraph, “juvenile justice centre order” has the same meaning as in Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998F8 .]

F7 1998 NI 9

F8 prosp. inserted by 2002 c. 26

F9 1995 NI 2

Cases within paragraphs 1 and 3 N.I.

5.  In the case of a child falling within both paragraph 1 and paragraph 3, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1. N.I.