The Children (Northern Ireland) Order 1995

Northern Ireland Order in Council 1995 No. 755 — creates 33 criminal offences.

Made

15 March 1995

In force from

Not determined

Extent

Not stated

Subject

Miscellaneous

Made under

Schedule 1 to the Northern Ireland Act 1974

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order replaces the provisions of the Children and Young Persons Act (Northern Ireland) 1968 which are the responsibility of the Department of Health and Social Services and also amends the law relating to illegitimacy and guardianship. Part II makes the welfare of a child the court’s paramount consideration in certain proceedings (Article 3) and defines the concept of parental responsibility for the purposes of the Order (Article 6). Part III provides for various orders with respect to children in family proceedings. Part IV imposes general and specific duties on Health and Social Services Boards and Health and Social Services trusts towards children in need and their families and towards children looked after by Boards or trusts. Part V provides for care and supervision orders and Part VI provides for child assessment orders and orders for the emergency protection of children. Parts VII to IX regulate homes provided for children by Health and Social Services Boards, Health and Social Services trusts, voluntary organisations and others. Parts X and XI make provision relating to private arrangements for fostering children and child minding and day care for children under twelve. Part XII imposes restrictions on the employment of children and on performances involving children. Part XIII contains general provisions relating to the Department of Health and Social Services' supervisory functions and responsibilities. Part XIV provides for parents not being married to each other to have no effect in law on relationships deduced through parents. Part XV provides for the appointment of guardians. Part XVI contains provisions relating to jurisdiction and procedure and Part XVII contains miscellaneous and general provisions.

Offences created by this instrument

• SCHEDULE 1 SCHEDULE 1 · Revoked · Mixed — some elements strict, some not
• SCHEDULE 1 SCHEDULE 1 · Revoked · Mixed — some elements strict, some not
• SCHEDULE 1 SCHEDULE 1 · Revoked · Mixed — some elements strict, some not
• SCHEDULE 4 SCHEDULE 4 · Revoked · Mixed — some elements strict, some not
• A person shall be guilty of an offence if— a being required, under any provision made by or under this Part, to give… article 117(1) · Revoked · Requires proof of a state of mind
• Any person who intentionally obstructs another in the exercise of any power conferred by Article 130 shall be guilty… article 132(12) · Revoked · Requires proof of a state of mind
• If any person contravenes paragraph (1) without reasonable excuse, he shall be guilty of an offence article 132(2) · Revoked · Strict liability
• If a person with respect to whom an enforcement notice is in force contravenes paragraph (3) without reasonable excuse… article 132(6) · Revoked · Strict liability
• Any person who without reasonable excuse contravenes any requirement imposed on him under Article 125 or 126 shall be… article 132(8) · Revoked · Strict liability
• If any person— a acts as a child minder on domestic premises at any time when he is disqualified by regulations made… article 132(9) · Revoked · Strict liability
• Any person who employs a child in contravention of— a Article 135; or b regulations under Article 136, and any person… article 147(1) · Revoked · Strict liability
• Any person who— a causes or procures a child; or b being his parent, allows a child, to take part in any performance… article 147(2) · Revoked · Strict liability
• Any person who— a fails to observe— i any condition subject to which a licence under this Part is granted; or ii any… article 147(4) · Revoked · Requires proof of a state of mind
• Any child who engages in street trading in contravention of Article 135(4) shall be guilty of an offence and liable on… article 147(8) · Revoked · Strict liability
• Any person who intentionally obstructs any officer of an education and library board or any constable in the exercise… article 147(9) · Revoked · Requires proof of a state of mind
• Powers of persons authorised by Department article 150(5) · Revoked · Requires proof of a state of mind
• Privacy for children involved in certain proceedings article 170(9) · Revoked · Strict liability
• Children accommodated in certain homes and in private hospitals article 175(4) · Revoked · Strict liability
• Children accommodated in certain homes and in private hospitals article 175(6) · Revoked · Requires proof of a state of mind
• Children accommodated in schools article 176(8) · Revoked · Requires proof of a state of mind
• Promotion and maintenance of contact between child and family article 29(5) · Revoked · Strict liability
• Orders for emergency protection of children article 63(15) · Revoked · Requires proof of a state of mind
• Powers to assist in discovery of children who may be in need of emergency protection article 67(7) · Revoked · Requires proof of a state of mind
• Abduction of children in care, etc article 68(1) · Revoked · Requires proof of a state of mind
• Recovery of abducted children, etc article 69(9) · Revoked · Requires proof of a state of mind
• Provision of accommodation for children article 75(6) · Revoked · Strict liability
• Duties of an authority article 77(8) · Revoked · Requires proof of a state of mind
• Persons disqualified from carrying on, or being employed in, voluntary homes article 78(4) · Revoked · Strict liability
• Voluntary homes not to be carried on unless registered article 79(3) · Revoked · Strict liability
• Regulations article 89(3) · Revoked · Strict liability
• Regulations article 89(4) · Revoked · Strict liability
• Appeals paragraph 132A(6) of SCHEDULE 9 · Revoked · Requires proof of a state of mind
• Power of inspection paragraph 168(2) of SCHEDULE 9 · Revoked · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Children (Northern Ireland) Order 1995 Lords · Lords Chamber · 23 February 1995
• 'Children (Northern Ireland) Order 1995 (Si 19951755 (Nl2)) Commons · Commons Chamber · 1 May 1995
• Immigration and Social Security Co-ordination (EU Withdrawal) Bill Commons · Commons Chamber · 30 June 2020 · Madam Deputy Speaker (Dame Rosie Winterton)

  With this it will be convenient to discuss the following: New clause 2— Children in care and children entitled to care leaving support: Entitlement to remain — ‘(1) Any child who has their right of free movement removed by the provisions contained in this Act, and who are in the care of a local authority, or entitled to care leaving support, shall, by virtue of this provision, be deemed to have and be granted automatic Indefinite Leave to Remain within the United Kingdom under the EU Settlement Scheme. (2) The Secretary of State must, for purposes of subsection (1), issue guidance to local…

• Police, Crime, Sentencing and Court Bill Commons · Commons Chamber · 5 July 2021 · Ms Harriet Harman (Camberwell and Peckham) (Lab) [V]

  I beg to move, That the clause be read a Second time. (Deputy) Speaker: With this it will be convenient to consider the following: New clause 2— Kerb-crawling — ‘(1) It is an offence for a person, from a motor vehicle while it is in a street or public place, or in a street or public place while in the immediate vicinity of a motor vehicle that they have just got out of, to engage in conduct which amounts to harassment in such manner or in such circumstances as to be likely to cause annoyance, alarm, distress, or nuisance to any other person. (2) A person guilty of an offence under this…

• Adoptive Parents: Financial Support Commons · Westminster Hall · 14 January 2025 · Robin Swann (South Antrim) (UUP)

  It is a pleasure to serve under your chairmanship, Ms Furniss. I thank the hon. Member for Hazel Grove (Lisa Smart) for bringing a very important topic to the House’s attention. It is important that we engage with adoptive parents, and prospective adoptive parents, to hear their experiences of adopting a child, because only through listening can we know the real-life challenges they face. The hon. Member gave a prime example in her opening comments regarding the financial pressures that deter couples and individuals from coming forward to adopt children. As a Minister in Northern Ireland, I…

• Care Settings: Right to Maintain Contact Commons · Westminster Hall · 24 June 2025 · Jim Shannon (Strangford) (DUP)

  Thank you for filling in, Ms Butler, and bridging the gap to enable the debate to go ahead. I thank the hon. Member for Liverpool Walton (Dan Carden) for leading today’s debate. As a strong advocate for stability and comfort for young children, I will focus on young children and those unfortunately in care settings. It is important that we do what we can to make their journey through that stage of their life as secure as possible. It is great to be here to speak on that. I commend the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) for her comments. She cast her mind back to…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 1995