The Commissioner for Children and Young People (Northern Ireland) Order 2003 No. 439 (NI. 11)

Introductory N.I.

Interpretation: general N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

• “action” includes failure to act;

• “advocacy arrangements”, “complaint arrangements”, “inspection arrangements” and “whistle-blowing arrangements” have the meanings given by Article 9(1);

• “the Commissioner” means the Commissioner for Children and Young People for Northern Ireland;

• “the complainant”, in relation to a formal investigation into a complaint under Article 12(1), means the child or young person by whom the complaint was made;

• “formal investigation” means an investigation under Article 16;

• “general [F1 health care] provider” has the meaning given in paragraph 1 of Schedule 1 and references to general [F1 health care] are to any of the services mentioned in that paragraph;

• “health and [F2 social care] body” means any of the following bodies—

  (a)

  F3 ...

  (b)

  a [F4 Health and Social Care trust];

  (c)

  the Mental Health Commission for Northern Ireland;

  (d)

  the Northern Ireland Central Services Agency for the Health and Social Services;

  (e)

  a special health and [F2 social care] agency;

• “independent provider” has the meaning given in paragraph 2 of Schedule 1.

• “information” includes information recorded in any form;

• “notice” means notice in writing;

• “the Office” means the Office of the First Minister and deputy First Minister;

• “parent” includes a person who has parental responsibility for a child (within the meaning of the Children (Northern Ireland) Order 1995 (NI 2));

• “practice” includes policy;

• “statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c.33).

(3) For the purposes of this Order—

(a) the reference in Article 6(3) to the United Nations Convention on the Rights of the Child is a reference to the Convention of that name adopted by General Assembly resolution 44/25 of 20th November 1989 and ratified by the United Kingdom on 16th December 1991;

(b) that Convention has effect subject to any reservation of the United Kingdom for the time being in force.

F1 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(b) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F2 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2

F3 Words in art. 2(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 207(2); S.R. 2022/102, art. 2(b)

F4 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2