The Children (Allocation of Proceedings) (Amendment) Order (Northern Ireland) 2007

Made: 10th November 2007

To be laid before Parliament

Coming into operation: 17th December 2007

The Lord Chancellor, after consultation with the Lord Chief Justice, makes the following Order in exercise of the powers conferred by Article 164(5) of and Schedule 7 to the Children (Northern Ireland) Order 1995[^f00001].

Citation and commencement

1

This Order may be cited as the Children (Allocation of Proceedings) (Amendment) Order (Northern Ireland) 2007 and shall come into operation on 17th December 2007.

Amendment to the Children (Allocation of Proceedings) Order (Northern Ireland) 1996

2

type=start slip=2008-02-01 time=1202382882067In Article 4, in paragraph (2), for “6 or 8” substitute “6, 8 or 9A”.type=end slip=2008-02-01 time=1202382882067

3

After Article 9 insert—

(9A) A family care centre (the “transferring court”) shall transfer proceedings under the 1995 Order to another family care centre where— (a) having regard to the principle set out in Article 3(2) of the 1995 Order the transferring court considers that the transfer is in the interests of the child; and (b) the receiving court consents to the transfer.

Signed

Signed by the authority of the Lord Chancellor

David Hanson — Minister of State — Ministry of Justice — Dated 10th November 2007

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Children (Allocation of Proceedings) Order (Northern Ireland) 1996 (S.R. 1996 No. 300) to provide, in certain circumstances, for the transfer of proceedings under the Children (Northern Ireland) Order 1995 from one family care centre to another.

Footnotes

[^f00001]: S.I. 1995/755 (N.I. 2), to which the most recent relevant amendment was made by the Constitutional Reform Act 2005 (2005 c.4).

[^f00002]: S.R. 1996 No. 300 amended by S.R. 2004 No. 310.