- a person qualifying for advice and assistance
means a person who—
- accommodation
means accommodation which is provided for a continuous period of more than 24 hours but does not include accommodation provided under Article 34C or 35B.
- Adoption Order
means the Adoption (Northern Ireland) Order 1987;
- an existing order
means any order which—
- appellate court
means the High Court or the county court as the case may be.
- Article 8 order
has the meaning given in Article 8(2);
- authorised person
means— (a) any person specified by the court;
- authority foster parent
has the meaning given in Article 27(3) (accommodation and maintenance of children looked after by an authority);
- broadcasting studio
means a studio used in connection with the provision of a programme service;
- care order
has the meaning given in Article 49(1) and also includes any order which by or under any statutory provision has the effect of, or is deemed to be, a care order for the purposes of this Order;
- Care Tribunal
means the tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Irelamd) Order 2003;
- child
includes, in any case where an application is made under paragraph 3 or 7 in relation to a person who has reached the age of 18, that person.
- child assessment order
has the meaning given in Article 62(2) (child assessment orders);
- child care training
means training for persons with a view to, or in the course of, their employment or the use of their services in the health and social care for the purposes of this Order or the Adoption Order or by a voluntary organisation for similar purposes.
- child minder
has the meaning given in Article 119;
- civil proceedings
means civil proceedings, before any court or other tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and “court” means any such court or tribunal;
- compulsory school age
has the meaning assigned to it by Article 46 of the Education and Libraries (Northern Ireland) Order 1986;
- contact order
has the meaning given in Article 8(1);
- contribution notice
has the meaning given in Article 40(1);
- contribution order
has the meaning given in Article 41(2);
- contributor
has the meaning given in Article 39(1).
- court
means any such court or tribunal;
- custody
includes legal custody, joint as well as sole custody, and parental rights and duties retained under an order under Article 10(4) of the Domestic Proceedings (Northern Ireland) Order 1980, but does not include access.
- day care
has the same meaning as in Article 19;
- delegable function
means a function under any of these provisions of this Order—
- designated officer
means a police officer designated for the purposes of this Article—
- development
means physical, intellectual, emotional, social or behavioural development;
- disabled
means blind, deaf or dumb or suffering from mental disorder of any kind or substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed;
- disposition
means a disposition, including an oral disposition, of real or personal property whether inter vivos or by will.
- dissolved or annulled
means— (a) dissolved by a decree of divorce or annulled by a decree of nullity of marriage granted under the law of any part of the United Kingdom or the Channel Islands or under the law of the Isle of Man, or (b) dissolved or annulled in any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man by a divorce or annulment which is entitled to be recognised as valid by the law of Northern Ireland;
- domestic premises
means any premises which are wholly or mainly used as a private dwelling;
- dwelling-house
includes— (a) any building or part of a building which is occupied as a dwelling;
- education supervision order
has the meaning given in Article 49(1);
- eligible child
means, subject to paragraph (4), a child who—
- emergency protection order
means an order under Article 63;
- exempt provision
means provision to which the exemption provided by paragraph (1) or (2) of Article 121 applies (schools, hospitals and other establishments exempt from the registration requirements which apply in relation to the provision of day care).
- family assistance order
means an order under Article 16;
- Family centre
means a centre at which any of the persons mentioned in sub-paragraph (3) may—
- family proceedings
has the meaning given in Article 8(3);
- family proceedings court
has the meaning given in Article 164(4);
- family proceedings rules
means family proceedings rules made under Article 12 of the Family Law (Northern Ireland) Order 1993;
- former spouse
means the person whose marriage with the person who made the appointment was so dissolved or annulled.
- foster a child privately
has the meaning given in Article 106(1);
- foster parent
means a person who is, or who from time to time is, an authority foster parent or a foster parent with whom children are placed by a voluntary organisation.
- gross payments
means payments—
- guardian of a child
means a guardian (other than a guardian of the fortune or estate of a child) appointed in accordance with the provisions of Article 159 or 160;
- harm
means ill-treatment or the impairment of health or development and the question of whether harm is significant shall be determined in accordance with Article 50(3);
- health
means physical or mental health;
- Health and Social Care trust
means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991;
- home
includes any institution;
- hospital
has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972;
- ill-treatment
includes sexual abuse and forms of ill-treatment which are not physical;
- 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;
- income support
means income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
- income-related employment and support allowance
means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance);
- looked after, accommodated or fostered
means—
- maintenance agreement
means any agreement in writing made with respect to a child (including an agreement made before the commencement of this paragraph) which— and any such provisions are in this paragraph and paragraph 13 referred to as “financial arrangements”.
- maintenance assessment
means an assessment of maintenance made under the Child Support (Northern Ireland) Order 1991 and includes, except in circumstances prescribed for the purposes of the definition of that expression in Article 2(2) of that Order, an interim maintenance assessment within the meaning of that Order.
- managers
has the meaning assigned to it by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986;
- material
includes any picture or representation.
- medical practitioner
means a fully registered person within the meaning of the Medical Act 1983;
- net payments
means payments—
- notice of proceedings
means a summons or such other notice of proceedings as is required;
- nursing home
has the meaning assigned to it by Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
- parent
includes—
- parental responsibility
has the meaning given in Article 6;
- parental responsibility agreement
has the meaning given in Article 7(1ZB);
- performance of a dangerous nature
includes all acrobatic performances and all performances as a contortionist;
- periodical payments order
means an order made under— for the making or securing of periodical payments.
- person authorised to seek access
means—
- police officer
means a member of the Royal Ulster Constabulary or of the Royal Ulster Constabulary Reserve;
- premises
includes a vehicle.
- prescribed
means prescribed by regulations made by the Department of Finance and Personnel
- private hospital
has the meaning assigned to it by Article 90(2) of the Mental Health (Northern Ireland) Order 1986;
- privately fostered child
has the meaning given in Article 106(1);
- probation order
has the meaning assigned to it by Article 10 of the Criminal Justice (Northern Ireland) Order 1996;
- programme service
has the same meaning as in the Broadcasting Act 1990;
- prohibited steps order
has the meaning given in Article 8(1);
- protected child
means a child who is a protected child for the purposes of Part IV of the Adoption Order;
- public body
means a body established by or under any statutory provision;
- publish
includes— (a) include in a programme service (within the meaning of the Broadcasting Act 1990);
- registered
means registered under—
- relevant child
means (subject to paragraph (3)) a child who—
- relevant functions
means social care functions (including social care and children functions within the meaning of Article 10A of the Health and Personal Social Services (Northern Ireland) Order 1991 and functions exercisable by virtue of a delegation direction under Article 10B(1) of that Order).
- relevant proceedings
means any application made, or proceedings brought, under any of the provisions mentioned in sub-paragraphs (a) to (c) of paragraph (1) and any part of such proceedings.
- residence order
has the meaning given in Article 8(1);
- residential care home
has the meaning assigned to it by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;;
- review period
means the period of one year beginning with the commencement of this Article and each subsequent period of three years beginning with an anniversary of that commencement.
- RQIA
means the Health and Social Care Regulation and Quality Improvement Authority;
- rules of court
includes family proceedings rules, county court rules and magistrates' courts rules (as well as rules of court as defined in section 21(4) of the Interpretation Act (Northern Ireland) 1954);
- school
has the meaning assigned to it by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986;
- school-leaving age
means the upper limit of compulsory school age;
- secure accommodation
means accommodation provided for the purpose of restricting liberty.
- secured periodical payments order
means an order for secured periodical payments under paragraph 2(2)(b).
- social care
has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972;
- special agency
means a special health and social care agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990;
- special educational needs
has the meaning assigned to it by Article 3 of the Education (Northern Ireland) Order 1996;
- specific issue order
has the meaning given in Article 8(1);
- specified
means specified by an order made under this Schedule.
- specified proceedings
means any proceedings—
- statutory provision
has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;
- step-parent
means a person who is married to, or a civil partner of, a child's parent who has parental responsibility for the child.
- street trading
includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for a profit, shoe-polishing and other similar activities carried on in streets or public places.
- supervised activity
means an activity supervised by a responsible person.
- supervision order
has the meaning given in Article 49(1);
- the 1977 Order
means the Family Law Reform (Northern Ireland) Order 1977.
- the 2007 Hague Convention
means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
- the appeal period
means—
- the appropriate authority
means—
- the court
has the meaning given in Article 164(1) and (2);
- the Department
means the Department of Health and Social Services;
- the relevant date
means—
- the relevant period
means—
- the relevant requirements
means any requirements of this Part and of regulations under Article 105, and any conditions imposed under Article 97.
- the responsible authority
means—
- the responsible person
has the same meaning as in that Article.
- the transitional period
means the period ending with—
- voluntary home
has the meaning given in Article 74(1);
- voluntary organisation
has the meaning given in Article 74(1).
- year
means the year beginning with the day on which the day care in question is (after the commencement of that paragraph) first provided in the premises concerned and any subsequent year.