The Children (Northern Ireland) Order 1995

The Mental Health (Northern Ireland) Order 1986 (NI 4)

132.  In Article 32(2) (definition of “nearest relative”), for “his mother” substitute

“—

(a)his mother, and

(b)if his father has parental responsibility for him within the meaning of the Children (Northern Ireland) Order 1995, his father”.

133.  For Article 33 (children and young persons in care of Department) substitute the following Article—

“Children and young persons in care

33.  Where a patient who is a child or young person is in the care of a Board or HSS trust by virtue of a care order within the meaning of the Children (Northern Ireland) Order 1995, the Board or trust shall be deemed to be the nearest relative of the patient in preference to any person except the patient’s husband or wife (if any).”.

134.  In Article 34 (nearest relative of minor under guardianship, etc.)—

(a)for paragraph (1) substitute the following paragraph—

“(1) Where—

(a)a guardian has been appointed for a person who has not attained the age of 18 years; or

(b)a residence order (as defined by Article 8 of the Children (Northern Ireland) Order 1995) is in force with respect to such a person,

the guardian (or guardians, where there is more than one) or the person named in the residence order shall, to the exclusion of any other person, be deemed to be his nearest relative.”;

(b)for paragraph (3) substitute the following paragraph—

“(3) In this Article “guardian” does not include a guardian under this Part.”.

135.  In Article 86(8) (functions of the Mental Health Commission), for “section 126 of the Children and Young Persons Act (Northern Ireland) 1968” substitute “Article 74 of the Children (Northern Ireland) Order 1995”.

136.  In Article 122(1)(e) (protection of women suffering from severe mental handicap), for “the lawful care or charge of” substitute “parental responsibility for or care of”.

137.  In Article 127(2) (voluntary use of services by minor who is 16 or over), for “notwithstanding any right of custody or control vested by law in his parent or guardian” substitute “even though there are one or more persons who have parental responsibility for him (within the meaning of the Children (Northern Ireland) Order 1995)”.