Commentary on Sections Schedule 29 – Minor and consequential amendments: Northern Ireland Paragraphs 95 to 100 – Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2))
1137.Article 8(4) of the Children (Northern Ireland) Order 1995 provides a definition of “family proceedings” for the purposes of the 1995 Order. Paragraph 95 amends the definition in Article 8(4) to include specified civil partnership proceedings.
1138.Paragraph 96 amends Article 50 of the 1995 Order to provide that a court may not make a care order or a supervision order in respect of any child who has reached the age of 16 and is married or in a civil partnership.
1139.Article 67 of the 1995 Order provides that a person must comply with a court’s requirement to disclose any information relating to a child’s whereabouts in relation to an emergency protection order. Paragraph 97 amends Article 67(2) to provide that a person is not excused from complying with this requirement on the ground that complying might incriminate that person and his/her spouse or civil partner.
1140.Article 69 of the 1995 Order provides that a person may be required, by virtue of a Recovery Order, to disclose information relating to a child’s whereabouts. Paragraph 98 amends Article 69(11) to provide that a person is not excused from complying with this requirement on the ground that to do so would incriminate his/her spouse or civil partner.
1141.Paragraph 99 amends Article 166 of the 1995 Order so that, with regard to appeals, proceedings in divorce county courts are treated in the same manner as proceedings in civil partnership proceedings county courts.
1142.Paragraph 100 amends Article 171 of the 1995 Order to provide that, in applications for orders under the 1995 Order, no person shall be excused from giving evidence on the ground that to do so might incriminate him or his spouse or civil partner of an offence.