HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972

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HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972 - SECT 102



102.(1) The following provisions of this Article shall have effect where the
Ministry provides or secures the provision of accommodation for an
illegitimate child, and the provisions of Article 101 shall not have effect in
relation to the father of the child.

(2) If an affiliation order is not in force, the Ministry may, while the
accommodation is being provided or within three years after the accommodation
ceases to be provided, make application, upon complaint, to a justice of the
peace having jurisdiction in the place where the mother of the child resides
for a summons to be issued under section 2 of the Illegitimate Children
(Affiliation Orders) Act (Northern Ireland) 1924 (in this Article referred to
as "the Act of 1924").

(3) In any proceedings on an application under paragraph (2), the court shall
hear such evidence as the Ministry may produce, in addition to the evidence
required to be heard by section 1(3) of the Act of 1924, and shall in all
other respects, but subject to the provisions of paragraph (4), proceed as on
an application made under section 2 of that Act.

(4) An order made on an application under paragraph (2) may, notwithstanding
anything in section 3(3) of the Act of 1924, be so made as to provide that the
payments or a part of the payments to be made thereunder shall be made to the
Ministry or to such other person as the court, in accordance with the
provisions of the Act of 1924, may direct.

(5) On an application by the Ministry in any proceedings under the Act of 1924
brought by the mother of the child, an order under that Act may make such
provision as is referred to in paragraph (4).

(6) Any order under the Act of 1924 may, on the application of the Ministry,
be varied so as to make such provision as is referred to in paragraph (4); and
any order under the Act of 1924 which provides as aforesaid may, on the
application of the mother of the child, be varied so as to provide that the
payments thereunder shall be made to the mother or a person appointed to have
the custody of the child.

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Northern Irish Legislation

HEALTH AND PERSONAL SOCIAL SERVICES (NORTHERN IRELAND) ORDER 1972 - SECT 102