PART IVN.I.CARE AND PROTECTION OF CHILDREN AWAITING ADOPTION

Protected childrenN.I.

Meaning of “protected child”N.I.

33.—(1) Where a person gives notice in pursuance of Article 22(1) to the F1... [F2HSC trust] within whose area he lives of his intention to apply for an adoption order in respect of a child, the child is for the purposes of this Part a protected child while he has his home with that person.

[F3(1A) A child shall be deemed to be a protected child for the purposes of this Part if he is a protected child within the meaning of—

(a)section 32 of the Adoption Act 1976; F4. . .

(b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) A child is not a protected child by reason of any such notice as is mentioned in paragraph (1) while—

(a)he is in the care of any person in—

[F3(i)any school in which he is receiving full‐time education;

(ii)any[F5 children's home in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003];

(iii)any hospital;

(iv)any home or institution not specified in heads (i) to (iii) but provided by the Secretary of State, a government department or a prescribed public body; or]

(b)he is resident in a residential home for persons suffering from mental disorder within the meaning of Article 3(1) of the Mental Health (Northern Ireland) Order 1986F6; or

(c)he is liable to be detained or is subject to guardianship under that Order of 1986.

[F3(2A) Paragraph (2)(a) shall be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995 (interpretation).]

[F3(3) A protected child ceases to be a protected child—

(a)on the grant or refusal of the application for an adoption order;

(b)on the notification to the F7... [F2HSC trust] for the area where the child has his home that the application for an adoption order has been withdrawn;

(c)in a case were no application is made for an adoption order, on the expiry of the period of two years from the giving of the notice;

(d)on the making of a residence order, a care order or a supervision order under the Children (Northern Ireland) Order 1995 in respect of the child;

(e)on the appointment of a guardian for him under that Order;

(f)on his attaining the age of 18 years; or

(g)on his marriage[F8 or forming a civil partnership],

whichever first occurs.

(4) In paragraph (3)(d) the references to a care order and a supervision order do not include references to an interim care order or interim supervision order.]