The Children (Northern Ireland) Order 1995PART IINTRODUCTORY1Title and commencement2InterpretationPART IIGENERALChild's welfare3Child's welfare to be paramount consideration4Reports on child's welfareParental responsibility5Parental responsibility for children6Meaning of “parental responsibility”7Acquisition of parental responsibilityPART IIIORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGSGeneral8Residence, contact and other orders with respect to children9Restrictions on making Article 8 orders10Power of court to make Article 8 orders11General principles and supplementary provisions12Residence orders and parental responsibility12AResidence and contact orders and domestic violence13Change of child's name or removal from jurisdiction14Enforcement of residence ordersFinancial relief15Orders for financial relief with respect to childrenFamily assistance orders16Family assistance ordersPART IVSUPPORT FOR CHILDREN AND THEIR FAMILIESChildren in need and their families17Interpretation17AAssessments and services for children who are carers18General duty of authority to provide social care for children in need, their families and others18AAssessments: carers of disabled children. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18CDirect payments18DInformation for carers19Day care for pre-school and other children20Review of provision for day care, child minding, etc.21Provision of accommodation for children: general22Powers of person with parental responsibility23Provision of accommodation for children in police protection24Recoupment of cost of providing services, etc.Children looked after by an authority25Interpretation26General duty of authority27Accommodation and maintenance for children28Regulations under Article 2729Promotion and maintenance of contact between child and family30Visits to or by children: expenses31Appointment of visitor for child who is not being visited32Power to guarantee apprenticeship deeds, etc.33Arrangements to assist children to live abroad34Death of children being looked after by an authority34APreparation for ceasing to be looked after34BThe responsible authority and relevant children34CAdditional functions of the responsible authority in respect of relevant children34DContinuing functions in respect of former relevant children34EPersonal advisers34FPathway PlansAdvice and assistance for certain children and young persons35Persons qualifying for advice and assistance35AAdvice and assistance35BEmployment, education and training35CInformation35DRepresentations: Articles 34B to 35BArts. 36, 37 rep. by 2002 c. 11 (NI) Contributions towards maintenance of children looked after by an authority38Interpretation39Liability to contribute40Agreed contributions41Contribution orders42Enforcement of contribution orders, etc.43RegulationsMiscellaneous44Secure accommodation45Reviews and representations46Co-operation between authorities and other bodies47Consultation with education and library boards48MiscellaneousPART VCARE AND SUPERVISIONIntroductory49InterpretationGeneral50Care orders and supervision orders51Timetable for proceedingsCare orders52Effect of care order53Parental contact etc. with children in careSupervision orders54Supervision ordersEducation supervision orders55Education supervision ordersPowers of court56Investigation into child's circumstances57Interim orders57APower to include exclusion requirement in interim care order58Discharge and variation, etc., of care orders and supervision orders59Orders pending appeals in cases about care or supervision ordersGuardians ad litem60Representation of child and of his interests in certain proceedings61Right of guardian ad litem to have access to recordsPART VIPROTECTION OF CHILDREN62Child assessment orders63Orders for emergency protection of children63APower to include exclusion requirement in emergency protection order64Duration of emergency protection orders and other supplementary provisions65Removal and accommodation of children by police in cases of emergency66Authority's duty to investigate67Powers to assist in discovery of children who may be in need of emergency protection68Abduction of children in care, etc.69Recovery of abducted children, etc.70Refuges for children at risk71Rules of court and regulationsPART VIIHOMES PROVIDED BY AN AUTHORITY72Provision of homes by an authority73RegulationsPART VIIIVOLUNTARY HOMES AND VOLUNTARY ORGANISATIONSIntroductory74InterpretationVoluntary organisations75Provision of accommodation for children76Duties of voluntary organisations77Duties of an authorityVoluntary homes78Persons disqualified from carrying on, or being employed in, voluntary homes78AAppeal against refusal of consent under Article 78Arts. 79‐88 rep. by 2003 NI 9 Regulations89RegulationsPART IXPRIVATE CHILDREN'S HOMESIntroductory90Interpretation91“Children's home” further definedGeneral92Duties of person carrying on private children's home93Duties of an authority94Persons disqualified from carrying on, or being employed in, private children's homes94AAppeal against refusal of consent under Article 94RegistrationArts. 95‐104 rep. by 2003 NI 9 Regulations105RegulationsPART XPRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN106Interpretation107Privately fostered children further defined108Welfare of privately fostered children109Persons disqualified from being private foster parents110Power to prohibit private fostering111Power to impose requirements112Regulations requiring notification of fostering, etc.113Appeals114Application of this Part to certain school children during holidays115Advertisements relating to fostering116Avoidance of insurances on lives of privately fostered children117OffencesPART XICHILD MINDING AND DAY CARE FOR YOUNG CHILDREN118Registration119Persons who act as child minders120Persons who provide day care for children under the age of twelve121Exemptions122Disqualified persons123Application for registration124Refusal of registration125Requirements to be complied with by child minders126Requirements to be complied with by persons providing day care for young children127Certificate of registration128Cancellation of registration129Protection of children in an emergency130Inspection131Appeals132OffencesPART XIIEMPLOYMENT OF CHILDRENIntroductory133Interpretation134Exemptions and savingGeneral135General restrictions on the employment of children136Regulations with respect to the employment of childrenPerformances137Restrictions on taking part in public performances, etc.138Granting of licences139Variation and revocation of licences140Requirement to keep and produce recordsDangerous performances141Performances endangering life or limb142Training for performances of a dangerous nature143Licensing of training children over twelve for performances of a dangerous natureSupplementary144Notice of refusal of licence, etc.145Appeal against refusal of licence, etc.146Powers of entry147Offences148DefencesPART XIIIDEPARTMENT'S SUPERVISORY FUNCTIONS AND RESPONSIBILITIES149Inspection of children's homes, etc., by Department150Powers of persons authorised by Department151Power to exempt children's homes, etc., from inspectionArt. 152 rep. by 2005 c. 12 153Child care training154Research and informationPART XIVPARENTS NOT MARRIED TO EACH OTHER155Parents not being married to each other to have no effect in law on relationships156Application of principle to certain existing statutory provisions157Property rights158Repeal of Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924PART XVGUARDIANS159Appointment by court160Appointment by parent or guardian161Revocation of appointment by parent or guardian162Disclaimer of appointment by parent or guardian163Termination by courtPART XVIJURISDICTION AND PROCEDURE164Jurisdiction165Rules of court166Appeals167Attendance of child and his parents, etc., at hearing under Part V or VI168Power to clear court while child is giving evidence in certain proceedings169Evidence given by, or with respect to, children170Privacy for children involved in certain proceedings171Self-incrimination172Legal aid, advice and assistance173Restrictions on use of wardship jurisdictionPART XVIIMISCELLANEOUS AND GENERALChildren accommodated in certain establishments174Children accommodated in hospitals175Children accommodated in certain homes and in private hospitals176Children accommodated in schools177Children not accommodated in schoolsSearch warrants178Police assistance in exercise of powers of search and inspectionEffect and duration of orders, etc.179Effect and duration of orders, etc.180The Isle of Man and the Channel IslandsMiscellaneous181Annual report181ADelegation of functions by Lord Chief Justice182Temporary exercise of functions of authorities by Department183Regulations and orders184Transitional provisions and savingsArticle 185— Amendments and Repeals SCHEDULESSCHEDULE 1FINANCIAL PROVISION FOR CHILDRENInterpretation1(1) In this Schedule “child” includes, in any case where an application is made under...Orders for financial relief against parents2(1) On an application made by a parent or guardian of a child, or by...Orders for financial relief for persons over 183(1) If, on an application by a person who has reached the age of 18,...Duration of orders for financial relief4(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 relief5(1) In deciding whether to exercise its powers under paragraph 2 or 3, and if...Provisions relating to lump sums6(1) Without prejudice to the generality of paragraph 2, an order under that paragraph for...Variation, etc., of orders for periodical payments7(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 jurisdiction8(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 parent9(1) Where the parent liable to make payments under a secured periodical payments order has...Financial relief under other statutory provisions10(1) This paragraph applies where a residence order is made with respect to a child...Interim orders11(1) Where an application is made under paragraph 2 or 3 the court may, at...Alteration of maintenance agreementsThis div-1 has a number but no title; creating a P1group with an empty Title12(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 address14(1) Any person for the time being under an obligation to make payments in pursuance...Direction for settlement of instrument by conveyancing counsel15Where the High Court or a county court decides to make an order under this...Financial provision for child resident in country outside Northern IrelandThis div-1 has a number but no title; creating a P1group with an empty Title16(1) Where one parent of a child lives in Northern Ireland and the child lives...Contribution by an authority to child's maintenance17(1) Where a child lives, or is to live, with a person as the result...SCHEDULE 2PROVISION OF SERVICES FOR FAMILIES: SPECIFIC POWERS AND DUTIESIdentification of children in need1Every authority shall take reasonable steps to identify the extent to which there are children...Provision of information2(1) Every authority shall publish information— (a) about services provided by the authority under Articles...Children's services plans2A(1) Every Board shall, on or before 31st March 1999— (a) review the services provided...Maintenance of register of disabled children3(1) Every authority shall open and maintain a register of disabled children within the authority's...Assessment of children's needs4Where it appears to an authority that a child within the authority's area is in...Prevention of neglect and abuse5(1) Every authority shall take reasonable steps, through the provision of services under Part IV,...Provision of accommodation for another person to protect child6(1) Where— (a) it appears to an authority that a child who is living on...Services for disabled children7Every 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 families9Every authority shall make such provision as the authority considers appropriate for the following services...Family centres10(1) Every authority shall provide such family centres as the authority considers appropriate in relation...Maintenance of the family home11Every authority shall take such steps as are reasonably practicable, where any child within the...Duty to consider racial groups to which children in need belong12Every authority shall, in making any arrangements— (a) for the provision of day care within...SCHEDULE 3SUPERVISION ORDERSMeaning 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 child2(1) A supervision order may require the supervised child to comply with any directions given...Imposition of obligations on responsible person3(1) With the consent of any responsible person, a supervision order may include a requirement—...Psychiatric and medical examinations4(1) A supervision order may require the supervised child— (a) to submit to a medical...Psychiatric and medical treatment5(1) Where a court which proposes to make or vary a supervision order is satisfied,...Life of supervision order6(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 supervisor8A supervision order shall not designate an authority as the supervisor unless— (a) the authority...Effect of supervision order on earlier orders9The making of a supervision order with respect to any child brings to an end...Regulations10The Department may make regulations with respect to the exercise by an authority of its...SCHEDULE 4EDUCATION SUPERVISION ORDERSInterpretation1In this Schedule— “1986 Order” means the Education and Libraries (Northern Ireland) Order 1986 “parent”...Effect of orders2(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 orders4(1) This paragraph applies where— (a) an education supervision order; and (b) a supervision order,...Duration of orders5(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 orders7(1) The court may discharge any education supervision order on the application of— (a) the...Offences8(1) If a parent of a child with respect to whom an education supervision order...Persistent failure of child to comply with directions9(1) Where a child with respect to whom an education supervision order is in force...SCHEDULE 5FOSTER PARENTS: LIMITS ON NUMBER OF FOSTER CHILDRENInterpretation1For the purposes of this Schedule, a person fosters a child if— (a) he is...The usual fostering limit2Subject to what follows, a person shall not foster more than three children ( “the...Siblings3A person may exceed the usual fostering limit if the children concerned are all siblings...Exemption by an authority4(1) A person may exceed the usual fostering limit if he is exempted from it...Effects of exceeding fostering limit5(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 OTHERSuccession on intestacy1(1) In Part II of the Administration of Estates Act (Northern Ireland) 1955 (which deals...Dispositions of property2(1) In the following dispositions, namely— (a) dispositions inter vivos made after the commencement of...No special protection for trustees and personal representatives3Article 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 7JURISDICTIONCommencement of proceedings1(1) The Lord Chancellor may , after consultation with the Lord Chief Justice, by order...Transfer of proceedings2(1) The Lord Chancellor may , after consultation with the Lord Chief Justice, by order...Emergency protection orders3In such circumstances as the Lord Chancellor may , after consultation with the Lord Chief...General4(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 SAVINGSPending 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 apply4(1) In paragraphs 5 to 10 “an existing order” means any order which— (a) is...Parental responsibility of parents5(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 control6(1) Where a person who is not the parent or guardian of a child has...Persons who have care and control7(1) Sub-paragraphs (2) to (6) apply where a person has care and control of a...Persons who have access8(1) Sub-paragraphs (2) to (4) apply where a person has access by virtue of an...Enforcement of certain existing orders9(1) Sub-paragraph (2) applies in relation to any existing order which, but for the repeal...Discharge of existing orders10(1) The making of a residence order or care order with respect to a child...CHILDREN IN CAREChildren in compulsory care11(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 care13(1) Where a child who is a ward of court is in the care of...Children placed with parent, etc., while in compulsory care14(1) This paragraph applies where a child is deemed by paragraph 11 to be in...Children in voluntary care15(1) This paragraph applies where, immediately before the commencement of Part IV, a child— (a)...Boarded out children16(1) Where, immediately before the commencement of Part IV, a child in the care of...Children in care to qualify for advice and assistance17Any reference in Part IV to a person qualifying for advice and assistance shall be...Emigration of children in care18Where the Head of the Department is considering whether to give his consent under section...Contributions for maintenance of children in care19(1) Where, immediately before the commencement of Part IV, there was in force an order...Supervision ordersOrders under the 1968 Act20(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 orders22(1) This paragraph applies to any order for the supervision of a child which was...Place of safety orders23(1) This paragraph applies to— (a) any order or warrant authorising the taking or removal...Voluntary homes24(1) This paragraph applies to a voluntary home which is registered in the register kept...Foster children25(1) This paragraph applies where— (a) immediately before the commencement of Part IX, a person...Child minders26(1) Sub-paragraph (2) applies where, immediately before the commencement of Part XI, any premises are...GuardiansExisting guardians to be guardians under this Order27(1) Any appointment of a person as guardian for a child which— (a) was made—...Appointment of guardian not yet in effect28Any appointment of a person to be a guardian of a child— (a) which was...Children accommodated in certain establishments29In calculating, for the purposes of Article 174(1)(a) or (2)(a) or Article 175(1)(a) or 177(1)(a)...Training school orders30(1) This paragraph applies where, immediately before the commencement of Part V, a person was...MiscellaneousMarriage consents31(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 other33(1) In this paragraph “the 1977 Order” means the Family Law Reform (Northern Ireland) Order...Attendance of child before court34Section 170 of the Children and Young Persons Act (Northern Ireland) 1968 (power to enforce...Saving for certain amendments of 1968 Act36Notwithstanding the repeal by this Order of Part I of Schedule 16 to the Health...Schedule 9—AmendmentsSchedule 10—RepealsStatutory Instruments1995 No. 755 (N.I. 2)The Children (Northern Ireland) Order 199515th March 1995