PART VISENTENCING AND OTHER POWERS
F2Custody care orders
Period in secure accommodation under custody care order44B
1
This Article makes provision about the application of the Children (Northern Ireland) Order 1995 (N.I. 2) in relation to a child during any period for which he is kept in secure accommodation by the appropriate authority under a custody care order (or under any other order under this Order or as a place of safety).
2
Of the provisions about a child looked after by an authority (within the meaning of Article 25) those specified in paragraph (3) (and no others) apply.
3
Those provisions are—
a
Article 26 (duty to safeguard and promote welfare);
b
Article 27(1), (2)(b), (e) and (f), (8) and (9) and Article 28(2) (accommodation and maintenance);
c
Article 29(1), (2) and (4) to (6) (promotion and maintenance of contact with family);
d
Articles 30 and 31 (visits);
e
Article 34 (death);
f
Article 35(1) and Article 36(1) and (4) (advice, assistance and befriending);
g
Article 45 (reviews and representations); and
h
Articles 72 and 73 (provision of homes).
4
In their application by virtue of paragraph (2)—
a
Article 29(4) has effect with the omission of sub-paragraph (a); and
b
Article 34(1)(a) has effect as if the reference to the Department were to the Department and the F1Department of Justice.
5
The following provisions—
a
Article 5(7) (person having parental responsibility not to act inconsistently with order);
b
Article 52(3) to (6), (7)(a) and (9) (effect of care order); and
c
Article 53(1) to (9) (parental contact),
apply as if the custody care order (or the other order or the placing of the child in a place of safety) were a care order and the appropriate authority were the authority designated by it and in whose care the child is.
6
Articles 8 to 14 (residence, contact etc. orders) and Articles 17 to 24 (children in need) do not apply.
7
No care order or supervision order under Part 5 may be made or, if such an order has already been made, it does not have effect.
Arts. 44A-44G and preceding cross-heading inserted (prosp.) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 56, 87(1)