SCHEDULES

SCHEDULE 5Functions under legislation relating to Northern Ireland

Part 1Amendments

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

93

The Children (Northern Ireland) Order 1995 is amended as follows.

94

In Article 4 (reports on child's welfare), in paragraph (2) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

95

In Article 60 (representation of child and his interests in certain proceedings), in paragraph (8) for “Lord Chancellor” substitute “ Lord Chief Justice ”.

96

In Article 166 (appeals), in paragraph (14) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

97

In Article 169 (evidence given by, or with respect to, children), in paragraph (5) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.

98

In Article 170 (privacy for children involved in certain proceedings), in paragraph (5) after “requires it” insert “ and if the Lord Chief Justice agrees ”.

99

After Article 181 insert—

Delegation of functions by Lord Chief Justice181A

1

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise a delegable function—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

2

In paragraph (1) “delegable function” means a function under any of these provisions of this Order—

a

Article 4(2);

b

Article 166(14);

c

Article 169(5);

d

Article 170(5);

e

in Schedule 1, paragraph 6(2);

f

in Schedule 7—

i

paragraph 1(1), (2) and (4);

ii

paragraph 2(1) and (5);

iii

paragraph 3;

iv

paragraph 4(4), (6)(a) and (7).

100

In paragraph 6 of Schedule 1 (financial provision for children: provisions relating to lump sums), in sub-paragraph (2) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

101

1

Schedule 7 (commencement of proceedings) is amended as follows.

2

In paragraph 1 (commencement of certain proceedings in particular court), in sub-paragraphs (1), (2) and (4) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

3

In paragraph 2 (transfer of proceedings)—

a

in sub-paragraph (1) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”;

b

in sub-paragraph (5) after “Lord Chancellor thinks appropriate” insert “ , after consultation with the Lord Chief Justice, ”.

4

In paragraph 3 (emergency protection orders), after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice, ”.

5

In paragraph 4 (general)—

a

in sub-paragraph (4) after “Lord Chancellor may” insert “ , after consultation with the Lord Chief Justice ”;

b

in sub-paragraph (6)(a) after “Lord Chancellor considers expedient” insert “ , after consultation with the Lord Chief Justice ”;

c

in sub-paragraph (7) after “Lord Chancellor by order otherwise provides” insert “ , after consultation with the Lord Chief Justice ”.