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46.(1) Where the court has jurisdiction by virtue of this Part to make an
order for the custody of a child and it appears to the court that there are
exceptional circumstances making it impracticable or undesirable for the child
to be entrusted to either of the parties to the marriage or to any other
individual, the court may, if it thinks fit, make an order committing the care
of the child to the Department of Health and Social Services ("the
Department"); and thereupon Part VII of the Children and Young Persons Act
(Northern Ireland) 1968 (which relates to the treatment of children in the
care of the Department) [and section 154(2) of that Act (contributions by
person in care who has attained the age of 16 and is in remunerative work)]
shall, subject to the provisions of this Article, apply as if the child had
been received by the Department into its care under section 103 of that Act.
(2) The court shall before making an order under this Article hear any
representations from the Department, including any representations as to the
making of a financial provision order in favour of the child.
(3) While an order made by virtue of this Article is in force with respect to
a child, the child shall continue in the care of the Department,
notwithstanding any claim by a parent or other person.
(4) An order made by virtue of this Article shall cease to have effect as
respects any child when he becomes 18, and the court shall not make an order
committing a child to the care of the Department under this Article after he
has become 17.
(5) In the application of Part VII of the Children and Young Persons Act
(Northern Ireland) 1968 by virtue of this Article
(a)the exercise by the Department of its powers under sections 113 to 115 of
that Act (which among other things relate to the accommodation and welfare of
a child in the care of the Department), shall be subject to any directions
given by the court; and
(b)section 118 of that Act (which relates to arrangements for the emigration
of such a child) shall not apply.
(6) It shall be the duty of any parent or guardian of a child committed to the
care of the Department under this Article to secure that the Department is
informed of his address for the time being, and a person who knowingly fails
to comply with this paragraph shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding [#50].
(7) The court shall have power from time to time by an order under this
Article to vary or discharge any provision made in pursuance of this Article.
© 1978 Crown Copyright
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