The Children (Northern Ireland) Order 1995
PART IINTRODUCTORY
1Title and commencement
2Interpretation
PART IIGENERAL
Child's welfare
3Child's welfare to be paramount consideration
4Reports on child's welfare
Parental responsibility
5Parental responsibility for children
6Meaning of “parental responsibility”
7Acquisition of parental responsibility
PART IIIORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGS
General
8Residence, contact and other orders with respect to children
9Restrictions on making Article 8 orders
10Power of court to make Article 8 orders
11General principles and supplementary provisions
12Residence orders and parental responsibility
12AResidence and contact orders and domestic violence
13Change of child's name or removal from jurisdiction
14Enforcement of residence orders
Financial relief
15Orders for financial relief with respect to children
Family assistance orders
16Family assistance orders
PART IVSUPPORT FOR CHILDREN AND THEIR FAMILIES
Children in need and their families
17Interpretation
17AAssessments and services for children who are carers
18General duty of authority to provide personal social services for children in need, their families and others
18AAssessments: carers of disabled children
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18CDirect payments
18DInformation for carers
19Day care for pre-school and other children
20Review of provision for day care, child minding, etc.
21Provision of accommodation for children: general
22Powers of person with parental responsibility
23Provision of accommodation for children in police protection
24Recoupment of cost of providing services, etc.
Children looked after by an authority
25Interpretation
26General duty of authority
27Accommodation and maintenance for children
28Regulations under Article 27
29Promotion and maintenance of contact between child and family
30Visits to or by children: expenses
31Appointment of visitor for child who is not being visited
32Power to guarantee apprenticeship deeds, etc.
33Arrangements to assist children to live abroad
34Death of children being looked after by an authority
34APreparation for ceasing to be looked after
34BThe responsible authority and relevant children
34CAdditional functions of the responsible authority in respect of relevant children
34DContinuing functions in respect of former relevant children
34EPersonal advisers
34FPathway Plans
Advice and assistance for certain children and young persons
35Persons qualifying for advice and assistance
35AAdvice and assistance
35BEmployment, education and training
35CInformation
35DRepresentations: Articles 34B to 35B
Arts. 36, 37 rep. by 2002 c. 11 (NI)
Contributions towards maintenance of children looked after by an authority
38Interpretation
39Liability to contribute
40Agreed contributions
41Contribution orders
42Enforcement of contribution orders, etc.
43Regulations
Miscellaneous
44Secure accommodation
45Reviews and representations
46Co-operation between authorities and other bodies
47Consultation with education and library boards
48Miscellaneous
PART VCARE AND SUPERVISION
Introductory
49Interpretation
General
50Care orders and supervision orders
51Timetable for proceedings
Care orders
52Effect of care order
53Parental contact etc. with children in care
Supervision orders
54Supervision orders
Education supervision orders
55Education supervision orders
Powers of court
56Investigation into child's circumstances
57Interim orders
57APower to include exclusion requirement in interim care order
58Discharge and variation, etc., of care orders and supervision orders
59Orders pending appeals in cases about care or supervision orders
Guardians ad litem
60Representation of child and of his interests in certain proceedings
61Right of guardian ad litem to have access to records
PART VIPROTECTION OF CHILDREN
62Child assessment orders
63Orders for emergency protection of children
63APower to include exclusion requirement in emergency protection order
64Duration of emergency protection orders and other supplementary provisions
65Removal and accommodation of children by police in cases of emergency
66Authority's duty to investigate
67Powers to assist in discovery of children who may be in need of emergency protection
68Abduction of children in care, etc.
69Recovery of abducted children, etc.
70Refuges for children at risk
71Rules of court and regulations
PART VIIHOMES PROVIDED BY AN AUTHORITY
72Provision of homes by an authority
73Regulations
PART VIIIVOLUNTARY HOMES AND VOLUNTARY ORGANISATIONS
Introductory
74Interpretation
Voluntary organisations
75Provision of accommodation for children
76Duties of voluntary organisations
77Duties of an authority
Voluntary homes
78Persons disqualified from carrying on, or being employed in, voluntary homes
78AAppeal against refusal of consent under Article 78
Arts. 79‐88 rep. by 2003 NI 9
Regulations
89Regulations
PART IXPRIVATE CHILDREN'S HOMES
Introductory
90Interpretation
91“Children's home” further defined
General
92Duties of person carrying on private children's home
93Duties of an authority
94Persons disqualified from carrying on, or being employed in, private children's homes
94AAppeal against refusal of consent under Article 94
Registration
Arts. 95‐104 rep. by 2003 NI 9
Regulations
105Regulations
PART XPRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN
106Interpretation
107Privately fostered children further defined
108Welfare of privately fostered children
109Persons disqualified from being private foster parents
110Power to prohibit private fostering
111Power to impose requirements
112Regulations requiring notification of fostering, etc.
113Appeals
114Application of this Part to certain school children during holidays
115Advertisements relating to fostering
116Avoidance of insurances on lives of privately fostered children
117Offences
PART XICHILD MINDING AND DAY CARE FOR YOUNG CHILDREN
118Registration
119Persons who act as child minders
120Persons who provide day care for children under the age of twelve
121Exemptions
122Disqualified persons
123Application for registration
124Refusal of registration
125Requirements to be complied with by child minders
126Requirements to be complied with by persons providing day care for young children
127Certificate of registration
128Cancellation of registration
129Protection of children in an emergency
130Inspection
131Appeals
132Offences
PART XIIEMPLOYMENT OF CHILDREN
Introductory
133Interpretation
134Exemptions and saving
General
135General restrictions on the employment of children
136Regulations with respect to the employment of children
Performances
137Restrictions on taking part in public performances, etc.
138Granting of licences
139Variation and revocation of licences
140Requirement to keep and produce records
Dangerous performances
141Performances endangering life or limb
142Training for performances of a dangerous nature
143Licensing of training children over twelve for performances of a dangerous nature
Supplementary
144Notice of refusal of licence, etc.
145Appeal against refusal of licence, etc.
146Powers of entry
147Offences
148Defences
PART XIIIDEPARTMENT'S SUPERVISORY FUNCTIONS AND RESPONSIBILITIES
149Inspection of children's homes, etc., by Department
150Powers of persons authorised by Department
151Power to exempt children's homes, etc., from inspection
Art. 152 rep. by 2005 c. 12
153Child care training
154Research and information
PART XIVPARENTS NOT MARRIED TO EACH OTHER
155Parents not being married to each other to have no effect in law on relationships
156Application of principle to certain existing statutory provisions
157Property rights
158Repeal of Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924
PART XVGUARDIANS
159Appointment by court
160Appointment by parent or guardian
161Revocation of appointment by parent or guardian
162Disclaimer of appointment by parent or guardian
163Termination by court
PART XVIJURISDICTION AND PROCEDURE
164Jurisdiction
165Rules of court
166Appeals
167Attendance of child and his parents, etc., at hearing under Part V or VI
168Power to clear court while child is giving evidence in certain proceedings
169Evidence given by, or with respect to, children
170Privacy for children involved in certain proceedings
171Self-incrimination
172Legal aid, advice and assistance
173Restrictions on use of wardship jurisdiction
PART XVIIMISCELLANEOUS AND GENERAL
Children accommodated in certain establishments
174Children accommodated in hospitals
175Children accommodated in certain homes and in private hospitals
176Children accommodated in schools
177Children not accommodated in schools
Search warrants
178Police assistance in exercise of powers of search and inspection
Effect and duration of orders, etc.
179Effect and duration of orders, etc.
180The Isle of Man and the Channel Islands
Miscellaneous
181Annual report
181ADelegation of functions by Lord Chief Justice
182Temporary exercise of functions of authorities by Department
183Regulations and orders
184Transitional provisions and savings
Article 185— Amendments and Repeals
SCHEDULES
SCHEDULE 1FINANCIAL PROVISION FOR CHILDREN
Interpretation
1(1) In this Schedule “child” includes, in any case where an application is made under...
Orders for financial relief against parents
2(1) On an application made by a parent or guardian of a child, or by...
Orders for financial relief for persons over 18
3(1) If, on an application by a person who has reached the age of 18,...
Duration of orders for financial relief
4(1) The term to be specified in an order for periodical payments made under paragraph...
Matters to which court is to have regard in making orders for financial relief
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5(1) In deciding whether to exercise its powers under paragraph 2 or 3, and if...
Provisions relating to lump sums
6(1) Without prejudice to the generality of paragraph 2, an order under that paragraph for...
Variation, etc., of orders for periodical payments
7(1) In exercising its powers under paragraph 2 or 3 to vary or discharge an...
Variation of orders for periodical payments etc. made by court of summary jurisdiction
8(1) Subject to sub-paragraphs (7) and (8), the power of a court of summary jurisdiction—...
Variation of orders for secured periodical payments after death of parent
9(1) Where the parent liable to make payments under a secured periodical payments order has...
Financial relief under other statutory provisions
10(1) This paragraph applies where a residence order is made with respect to a child...
Interim orders
11(1) Where an application is made under paragraph 2 or 3 the court may, at...
Alteration of maintenance agreements
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12(1) In this paragraph and in paragraph 13 “maintenance agreement” means any agreement in writing...
13(1) Where a maintenance agreement provides for the continuation, after the death of one of...
Notice of change of address
14(1) Any person for the time being under an obligation to make payments in pursuance...
Direction for settlement of instrument by conveyancing counsel
15Where the High Court or a county court decides to make an order under this...
Financial provision for child resident in country outside Northern Ireland
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16(1) Where one parent of a child lives in Northern Ireland and the child lives...
Contribution by an authority to child's maintenance
17(1) Where a child lives, or is to live, with a person as the result...
SCHEDULE 2PROVISION OF SERVICES FOR FAMILIES: SPECIFIC POWERS AND DUTIES
Identification of children in need
1Every authority shall take reasonable steps to identify the extent to which there are children...
Provision of information
2(1) Every authority shall publish information— (a) about services provided by the authority under Articles...
Children's services plans
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2A(1) Every Board shall, on or before 31st March 1999— (a) review the services provided...
Maintenance of register of disabled children
3(1) Every authority shall open and maintain a register of disabled children within the authority's...
Assessment of children's needs
4Where it appears to an authority that a child within the authority's area is in...
Prevention of neglect and abuse
5(1) Every authority shall take reasonable steps, through the provision of services under Part IV,...
Provision of accommodation for another person to protect child
6(1) Where— (a) it appears to an authority that a child who is living on...
Services for disabled children
7Every authority shall provide services designed— (a) to minimise the effect on disabled children within...
Steps to reduce need for care proceedings, etc.
8Every authority shall take reasonable steps designed— (a) to reduce the need to bring— (i)...
Provision for children living with their families
9Every authority shall make such provision as the authority considers appropriate for the following services...
Family centres
10(1) Every authority shall provide such family centres as the authority considers appropriate in relation...
Maintenance of the family home
11Every authority shall take such steps as are reasonably practicable, where any child within the...
Duty to consider racial groups to which children in need belong
12Every authority shall, in making any arrangements— (a) for the provision of day care within...
SCHEDULE 3SUPERVISION ORDERS
Meaning of “responsible person”
1In this Schedule, “the responsible person”, in relation to a supervised child, means— (a) any...
Power of supervisor to give directions to supervised child
2(1) A supervision order may require the supervised child to comply with any directions given...
Imposition of obligations on responsible person
3(1) With the consent of any responsible person, a supervision order may include a requirement—...
Psychiatric and medical examinations
4(1) A supervision order may require the supervised child— (a) to submit to a medical...
Psychiatric and medical treatment
5(1) Where a court which proposes to make or vary a supervision order is satisfied,...
Life of supervision order
6(1) Subject to sub-paragraph (2) and Article 179 (effect and duration of orders, etc. ),...
Information to be given to supervisor, etc.
7(1) A supervision order may require the supervised child— (a) to keep the supervisor informed...
Selection of supervisor
8A supervision order shall not designate an authority as the supervisor unless— (a) the authority...
Effect of supervision order on earlier orders
9The making of a supervision order with respect to any child brings to an end...
Regulations
10The Department may make regulations with respect to the exercise by an authority of its...
SCHEDULE 4EDUCATION SUPERVISION ORDERS
Interpretation
1In this Schedule— “1986 Order” means the Education and Libraries (Northern Ireland) Order 1986 “parent”...
Effect of orders
2(1) Where an education supervision order is in force with respect to a child, it...
3(1) Where an education supervision order is in force with respect to a child, the...
Effect where child also subject to other orders
4(1) This paragraph applies where— (a) an education supervision order; and (b) a supervision order,...
Duration of orders
5(1) An education supervision order shall have effect for a period of one year, beginning...
Information to be given to supervisor, etc.
6(1) An education supervision order may require the child— (a) to keep the supervisor informed...
Discharge of orders
7(1) The court may discharge any education supervision order on the application of— (a) the...
Offences
8(1) If a parent of a child with respect to whom an education supervision order...
Persistent failure of child to comply with directions
9(1) Where a child with respect to whom an education supervision order is in force...
SCHEDULE 5FOSTER PARENTS: LIMITS ON NUMBER OF FOSTER CHILDREN
Interpretation
1For the purposes of this Schedule, a person fosters a child if— (a) he is...
The usual fostering limit
2Subject to what follows, a person shall not foster more than three children ( “the...
Siblings
3A person may exceed the usual fostering limit if the children concerned are all siblings...
Exemption by an authority
4(1) A person may exceed the usual fostering limit if he is exempted from it...
Effects of exceeding fostering limit
5(1) A person shall cease to be treated for the purposes of this Order and...
Complaints, etc.
6(1) Every authority shall establish a procedure for considering any representations (including any complaint) made...
SCHEDULE 6PROPERTY RIGHTS WHERE PARENTS NOT MARRIED TO EACH OTHER
Succession on intestacy
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1(1) In Part II of the Administration of Estates Act (Northern Ireland) 1955 (which deals...
Dispositions of property
2(1) In the following dispositions, namely— (a) dispositions inter vivos made after the commencement of...
No special protection for trustees and personal representatives
3Article 6 of the Family Law Reform (Northern Ireland) Order 1977 (which enables trustees and...
Entitlement to grant of probate, etc.
4(1) For the purpose of determining the person or persons who would in accordance with...
SCHEDULE 7JURISDICTION
Commencement of proceedings
1(1) The Lord Chancellor may , after consultation with the Lord Chief Justice, by order...
Transfer of proceedings
2(1) The Lord Chancellor may , after consultation with the Lord Chief Justice, by order...
Emergency protection orders
3In such circumstances as the Lord Chancellor may , after consultation with the Lord Chief...
General
4(1) For the purposes of this Schedule— (a) the commencement of proceedings under this Order...
SCHEDULE 8Article 184(1). TRANSITIONALS AND SAVINGS Pending proceedings, etc. (1) (1) Subject to sub-paragraphs (2) and...
TRANSITIONALS AND SAVINGS
Pending proceedings, etc.
1(1) Subject to sub-paragraphs (2) and (5), nothing in any provision of this Order (other...
2Where, immediately before the commencement of Part V, there was in force an order under...
CUSTODY ORDERS, ETC.
Cessation of declarations of unfitness, etc.
3Where, immediately before the commencement of Parts II and III , there was in force—...
Orders to which paragraphs 5 to 10 apply
4(1) In paragraphs 5 to 10 “an existing order” means any order which— (a) is...
Parental responsibility of parents
5(1) Where— (a) a child's father and mother were married to each other at the...
Persons who are not parents but who have custody or care and control
6(1) Where a person who is not the parent or guardian of a child has...
Persons who have care and control
7(1) Sub-paragraphs (2) to (6) apply where a person has care and control of a...
Persons who have access
8(1) Sub-paragraphs (2) to (4) apply where a person has access by virtue of an...
Enforcement of certain existing orders
9(1) Sub-paragraph (2) applies in relation to any existing order which, but for the repeal...
Discharge of existing orders
10(1) The making of a residence order or care order with respect to a child...
CHILDREN IN CARE
Children in compulsory care
11(1) Sub-paragraph (2) applies where, immediately before the commencement of Part V— (a) a person...
12(1) This sub-paragraph applies to a child who has been placed or allowed to remain...
Cessation of wardship where child is in care
13(1) Where a child who is a ward of court is in the care of...
Children placed with parent, etc., while in compulsory care
14(1) This paragraph applies where a child is deemed by paragraph 11 to be in...
Children in voluntary care
15(1) This paragraph applies where, immediately before the commencement of Part IV, a child— (a)...
Boarded out children
16(1) Where, immediately before the commencement of Part IV, a child in the care of...
Children in care to qualify for advice and assistance
17Any reference in Part IV to a person qualifying for advice and assistance shall be...
Emigration of children in care
18Where the Head of the Department is considering whether to give his consent under section...
Contributions for maintenance of children in care
19(1) Where, immediately before the commencement of Part IV, there was in force an order...
Supervision ordersOrders under the 1968 Act
20(1) This paragraph applies to any supervision order made under the Children and Young Persons...
21(1) This paragraph applies to any supervision order made under the Children and Young Persons...
Other supervision orders
22(1) This paragraph applies to any order for the supervision of a child which was...
Place of safety orders
23(1) This paragraph applies to— (a) any order or warrant authorising the taking or removal...
Voluntary homes
24(1) This paragraph applies to a voluntary home which is registered in the register kept...
Foster children
25(1) This paragraph applies where— (a) immediately before the commencement of Part IX, a person...
Child minders
26(1) Sub-paragraph (2) applies where, immediately before the commencement of Part XI, any premises are...
Guardians
Existing guardians to be guardians under this Order
27(1) Any appointment of a person as guardian for a child which— (a) was made—...
Appointment of guardian not yet in effect
28Any appointment of a person to be a guardian of a child— (a) which was...
Children accommodated in certain establishments
29In calculating, for the purposes of Article 174(1)(a) or (2)(a) or Article 175(1)(a) or 177(1)(a)...
Training school orders
30(1) This paragraph applies where, immediately before the commencement of Part V, a person was...
MiscellaneousMarriage consents
31(1) In the circumstances mentioned in sub-paragraph (2), section 1 of, and the Schedule to,...
Affiliation orders, etc.
32(1) This paragraph applies to the following orders— (a) any affiliation order in force immediately...
Property rights where parents not married to each other
33(1) In this paragraph “the 1977 Order” means the Family Law Reform (Northern Ireland) Order...
Attendance of child before court
34Section 170 of the Children and Young Persons Act (Northern Ireland) 1968 (power to enforce...
Saving for certain amendments of 1968 Act
36Notwithstanding the repeal by this Order of Part I of Schedule 16 to the Health...
Schedule 9—Amendments
Schedule 10—Repeals

1995 No. 755 (N.I. 2)

The Children (Northern Ireland) Order 1995

Annotations:
Modifications etc. (not altering text)