The Children (Northern Ireland) Order 1995

7.—(1) Sub-paragraphs (2) to (6) apply where a person has care and control of a child by virtue of an existing order, but they shall cease to apply when that order ceases to have effect.

(2) Article 10 shall have effect as if for paragraph (5)(c)(i) there were substituted—

“(i)in any case where by virtue of an existing order any person or persons has or have care and control of the child, has the consent of that person or each of those persons;”.

(3) Article 22 shall have effect as if for paragraph (3)(a) there were substituted—

“(a)6who has care and control of the child by virtue of an existing order; or”.

(4) Article 27 shall have effect as if for paragraph (4)(c) there were substituted—

“(c)where the child is in care and immediately before the care order was made there was an existing order by virtue of which a person had care and control of the child, that person.”.

(5) Articles 159 and 160 shall have effect as if—

(a)for any reference to a residence order in favour of a parent or guardian there were substituted a reference to any existing order by virtue of which the parent or guardian has care and control of the child;

(b)for Article 159(3) there were substituted—

“(3) Paragraph (1) shall not apply if the existing order referred to in sub-paragraph (b) of that paragraph was one by virtue of which a surviving parent of the child also had care and control of him.”;

(c)for Article 160(7) there were substituted—

“(7) Paragraph (5) shall not apply if the existing order referred to in sub-paragraph (b) of that paragraph was one by virtue of which a surviving parent also had care and control of him.”.

(6) In Schedule 1, paragraphs 2(1) and 16(1) shall have effect as if for the words “in whose favour a residence order is in force with respect to the child” there were substituted the words “who has been given care and control of the child by virtue of an existing order”.