Search Legislation

The Children (Northern Ireland) Order 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes over time for: Section 60

 Help about opening options

Version Superseded: 01/11/2012

Status:

Point in time view as at 12/10/2009. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

The Children (Northern Ireland) Order 1995, Section 60 is up to date with all changes known to be in force on or before 08 November 2024. 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Representation of child and of his interests in certain proceedingsN.I.

60.—(1) For the purpose of any specified proceedings, the court shall appoint a guardian ad litem for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests.

(2) The guardian ad litem shall—

(a)be appointed in accordance with rules of court; and

(b)be under a duty to safeguard the interests of the child in the manner prescribed by such rules.

(3) Where—

(a)the child concerned is not represented by a solicitor; and

(b)any of the conditions mentioned in paragraph (4) is satisfied,

the court may appoint a solicitor to represent him.

(4) The conditions are that—

(a)no guardian ad litem has been appointed for the child;

(b)the child has sufficient understanding to instruct a solicitor and wishes to do so;

(c)it appears to the court that it would be in the child's best interests for him to be represented by a solicitor.

(5) Any solicitor appointed under this Article shall be appointed, and shall represent the child, in accordance with rules of court.

(6) In this Article “specified proceedings” means any proceedings—

(a)on an application for a care or a supervision order;

(b)in which the court has given a direction under Article 56(1) and has made, or is considering whether to make, an interim care order;

(c)on an application for the discharge of a care order or the variation or discharge of a supervision order;

(d)on an application under Article 58(4);

(e)in which the court is considering whether to make a residence order with respect to a child who is the subject of a care order;

(f)with respect to contact between a child who is the subject of a care order and any other person;

(g)under Part VI;

(h)on an appeal against—

(i)the making of, or refusal to make, a care order, supervision order or any order under Article 53;

(ii)the making of, or refusal to make, a residence order with respect to a child who is the subject of a care order; or

(iii)the variation or discharge, or refusal of an application to vary or discharge, an order of a kind mentioned in head (i) or (ii);

(iv)the refusal of an application under Article 58(4); or

(v)the making of, or refusal to make, an order under Part VI; or

(i)which are specified, for the purposes of this Article, by rules of court.

(7) The Department may by regulations provide for the establishment of panels of persons from whom guardians ad litem appointed under this Article must be selected.

(8) Paragraph (7) shall not be taken to prejudice the power of the[F1Lord Chief Justice] to confer or impose duties on the Official Solicitor under section 75(2) of the Judicature (Northern Ireland) Act 1978F2.

(9) The regulations may, in particular, make provision—

(a)for the constitution, administration and procedures of panels and for the appointment of panel managers;

(b)for the defrayment of expenses and for the payment of fees and allowances;

(c)as to the qualifications for appointment as a guardian ad litem;

(d)as to the training to be given to guardians ad litem or to persons with a view to their appointment as guardians ad litem; and

(e)for monitoring the work of guardians ad litem.

(10) Rules of court may make provision as to—

(a)the assistance which any guardian ad litem may be required by the court to give to it;

(b)the consideration to be given by any guardian ad litem, where an order of a specified kind has been made in the proceedings in question, as to whether to apply for the variation or discharge of the order;

(c)the participation of guardians ad litem in reviews, of a kind specified in the rules, which are conducted by the court.

(11) Regardless of any statutory provision or rule of law which would otherwise prevent it from doing so, the court may take account of—

(a)any statement contained in a report made by a guardian ad litem who is appointed under this Article for the purpose of the proceedings in question; and

(b)any evidence given in respect of the matters referred to in the report,

in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering.

(12) The Department may, with the approval of the Department of Finance and Personnel, make such grants as the Department considers appropriate with respect to expenditure incurred under regulations made under paragraph (7).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.