Adoption and Children Act (Northern Ireland) 2022

Contents

Part 2 · Children order amendments

116Definition of family proceedings#

In Article 8 of the Children Order (residence, contact and other orders with respect to children), in paragraph (4) after sub-paragraph (h) insert—“ha Part 2 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 20 of that Schedule).”

118Duration of residence orders#

(1)The Children Order has effect in relation to a child who is looked after by an authority (within the meaning of that Order) as follows.

(2)Article 9(6) (restrictions on making Article 8 orders) has effect as if for the words from the beginning to “Article 8 order” there were substituted “No court shall make a specific issue order, contact order or prohibited steps order”.

(3)Article 179(10) (duration of Article 8 orders), has effect as if after “Article 8 order” there were inserted “other than a residence order”.

120Ascertainment of children’s wishes#

(1)In Article 18 of the Children Order (general duty of authority to provide social care for children in need, their families and others) after paragraph (4) insert—“4A Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on it by this Article, an authority must, so far as is reasonably practicable and consistent with the child’s welfare—a ascertain the child’s wishes and feelings regarding the provision of those services; andb give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.”

(2)In Article 21 of the Children Order (provision of accommodation for children: general), in sub-paragraphs (a) and (b) of paragraph (6) after “wishes” insert “and feelings”.

(3)In Article 66 of the Children Order (authority’s duty to investigate), after paragraph (5) insert—“5A For the purposes of making a determination under this Article as to the action to be taken with respect to a child, an authority must, so far as is reasonably practicable and consistent with the child’s welfare—a ascertain the child’s wishes and feelings regarding the action to be taken with respect to the child; andb give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.”

133Definition of harm#

(1)In Article 2(2) of the Children Order (interpretation), at the appropriate place insert—“• “impairment of health or development” includes, for example, impairment suffered as a result of—(a) the ill-treatment of another, or(b) behaviour directed at another that falls within section 2 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (what amounts to abusive behaviour),whether or not the child who suffered the impairment saw or heard, or was present during that ill-treatment or behaviour;”

(2)In Article 12A(1) of the Children Order (residence and contact orders and domestic violence), for the words from “through seeing” to the end of the paragraph substitute “as a result of any behaviour of the prohibited person.”.

137Renaming of guardians ad litem#

(1)A guardian ad litem is to be known as a children’s court guardian.

(2)In Articles 60 and 61 of the Children Order (guardians ad litem)—

(a)for “guardian ad litem” (wherever occurring) substitute “children’s court guardian”;

(b)for “guardians ad litem” (wherever occurring) substitute “children’s court guardians”.

(3)In the cross-heading preceding Article 60 for “Guardians ad litem” substitute “Children’s court guardians”.

(4)In each of the following for “guardian ad litem” substitute “children’s court guardian”—

(a)paragraph 6 of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services);

(b)paragraph 1(6) of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity);

(c)Article 28(11) of the Sexual Offences (Northern Ireland) Order 2008 (positions of trust).

(5)Any reference in any other statutory provision to a guardian ad litem is to be read as a reference to a children’s court guardian.

143Report on the operation of the Children Order#

(1)Article 181 of the Children Order (annual report) is amended as follows.

(2)In the title, for “Annual report” substitute “Report on the operation of this Order”.

(3)The existing text becomes paragraph (1).

(4)In that paragraph, for the words from “cause an” to the end, substitute “cause a general report on the operation of this Order to be prepared and laid before the Assembly at least once every three years.”.

(5)After that paragraph, add—“2 The first report under paragraph (1) must be prepared and laid before the Assembly within the period of three years beginning on the date on which the Adoption and Children Act (Northern Ireland) 2022 receives Royal Assent.”

Part 3 · Miscellaneous and supplementary

Supplementary

155Regulations and orders#

(1)Regulations other than regulations to which subsection (2) applies are subject to negative resolution.

(2)This subsection applies to regulations under—

(a)section 3(4);

(b)section 9 which include provision made under section 42;

(c)section 24;

(d)section 52;

(e)section 77;

(f)section 98; or

(g)section 144, 146, 147, 148, 149 or 150,

and to regulations which amend or repeal a provision of an Act of Parliament or Northern Ireland legislation.

(3)Regulations to which subsection (2) applies must not be made unless a draft of them has been laid before, and approved by resolution of, the Assembly.

(4)An order must not be made under—

(a)section 96(6);

(b)section 115(4); or

(c)section 157 if it amends or repeals a provision of an Act of Parliament or Northern Ireland legislation,

unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

(5)An order under section 157 other than an order to which subsection (4)(c) applies is subject to negative resolution.

(6)Regulations and orders made under this Act by any Department mentioned in subsection (7) may contain such incidental, supplementary, transitional, transitory or saving provisions as appear to that Department to be necessary or expedient.

(7)The Departments referred to in subsection (6) are—

(a)the Department;

(b)the Department of Finance; and

(c)the Department of Justice.

157Supplementary and consequential provision#

(1)Any Department mentioned in subsection (2) may by order make—

(a)any supplementary, incidental or consequential provision,

(b)any transitory, transitional or saving provision,

which that Department considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2)The Departments referred to in subsection (1) are—

(a)the Department;

(b)the Department of Finance; and

(c)the Department of Justice.

(3)An order under this section may amend, repeal or modify any statutory provision.

158Review#

(1)The Department must, at least once every three years—

(a)prepare and publish a report on the implementation of each of the provisions of Parts 1 and 2, and

(b)lay a copy of the report before the Assembly.

(2)The first report under subsection (1) must be prepared and published within the period of 3 years beginning with the date on which this Act is passed.

(3)This section expires at the end of the period of ten years beginning with the date on which this Act is passed, but this is subject to subsection (4).

(4)Subsection (3) does not have effect unless all of the provisions of Parts 1 and 2 have been commenced and included in a report under this section.

159Interpretation#

(1)In this Act—• “adoption agency” has the meaning given by section 2;• “adoption authority” has the meaning given by section 2(2);• “adoption order” has the meaning given by section 43(1);• “adoption society” has the meaning given by section 2(2);• “adoption support services” has the meaning given by section 2(6);• “appropriate voluntary organisation” has the meaning given by section 2(3);• “authority foster parent” has the meaning given by Article 2(2) of the Children Order;• “body” includes an unincorporated body;• “care order” has the meaning given by Article 2(2) of the Children Order;• “child”, except where used to express a relationship, means a person who has not attained the age of 18 years;• “child assessment order” has the meaning given in Article 2(2) of the Children Order;• “Children Order” means the Children (Northern Ireland) Order 1995;• “the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;• “Convention adoption” has the meaning given in section 65(1)(c);• “Convention adoption order” means an adoption order which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (regulations giving effect to the Convention), is made as a Convention adoption order;• “Convention country” means a country or territory in which the Convention is in force;• “court” has the meaning given by section 115(1);• “the Department” means the Department of Health;• “fee” includes expenses;• “guardian” has the same meaning as in the Children Order and includes a special guardian within the meaning of the Children Order;• “information” means information recorded in any form;• “interim care order” means an interim care order under Article 57 of the Children Order;• “notice” means a notice in writing;• “notice of intention to adopt” has the meaning given in section 41(2);• “overseas adoption” has the meaning given in section 90(1);• “parental responsibility” has the meaning given in Article 6 of the Children Order;• “placement order” has the meaning given in section 18(1);• “placing a child for adoption” and “placed for adoption” have the meanings given in section 15(5) and section 16(4);• “prescribed”, except in sections 51(7) and (8) and 156(5) and paragraphs 1(4), 3, 4 and 6 of Schedule 1 (where it means prescribed by rules of court), means prescribed by regulations;• “prohibited steps order” has the meaning given in Article 8(1) of the Children Order;• “public body” means a body established by or under any statutory provision;• “regulations” means regulations made by the Department except where they are required to be made by the Department of Finance;• “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by marriage or civil partnership;• “residence order” has the meaning given in Article 8(1) of the Children Order;• “RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;• “rules of court” has the meaning given in section 156(1);• “Scottish adoption order” means an order made, or having effect as if made, under section 28(1) of the Adoption and Children (Scotland) Act 2007 or section 12 of the Adoption (Scotland) Act 1978;• “specific issue order” has the meaning given in Article 8(1) of the Children Order;• “statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;• “supervision order” has the meaning given in Article 49(1) of the Children Order;• “voluntary organisation” means a body (other than a public body) the activities of which are not carried on for profit.

(2)Any power conferred by this Act to prescribe a fee by regulations includes power to prescribe—

(a)a fee not exceeding a prescribed amount;

(b)a fee calculated in accordance with the regulations;

(c)a fee determined by the person to whom it is payable, being a fee of a reasonable amount.

(3)In this Act “couple” means—

(a)a married couple;

(b)two persons who are civil partners of each other; or

(c)two persons (whether of different sexes or the same sex) living as partners in an enduring family relationship.

(4)Subsection (3)(c) does not include two people one of whom is the other’s parent, grandparent, sister, brother, aunt or uncle.

(5)References to relationships in subsection (4)—

(a)are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for adoption; and

(b)include the relationship of a child with the child’s adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

(6)For the purposes of this Act, a person is the partner of a child’s parent if the person and the parent are a couple but the person is not the child’s parent.

160Commencement#

(1)Except as provided by subsection (2), the provisions of this Act come into operation on such day or days as the Department may by order appoint.

(2)This section and sections 155, 157, 159 and 161 come into operation on the day after the day on which this Act receives Royal Assent.

161Short title#

This Act may be cited as the Adoption and Children Act (Northern Ireland) 2022.