Children (Arrangements to Assist Children to Live Outside Jersey) (Amendment) (Jersey) Law 2022


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Children (Arrangements to Assist Children to Live Outside Jersey) (Amendment) (Jersey) Law 2022

A LAW to amend further the Children (Jersey) Law 2002.

Adopted by the States                                                                    2nd March 2022

Sanctioned by Order of Her Majesty in Council                       13th April 2022

Registered by the Royal Court                                                       22nd April 2022

Coming into force                                                                               23rd April 2022

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Children (Jersey) Law 2002 amended

This Law amends the Children (Jersey) Law 2002.

2        Schedule 2 (Ministerial support for children and families) amended

In paragraph 4 (arrangements to assist children to live outside Jersey) of Schedule 2 –

(a)     for sub-paragraph (2)(c) there is substituted –

“(c)    the child has consented to living in that country except where the court is satisfied that the child does not have sufficient understanding to give or withhold consent; and”;

(b)     after sub-paragraph (4) there is inserted –

(a)     after the coming into force of the Amendment Law; or

(b)     before the coming into force of the Amendment Law but that appeal does not fall to be determined until after the coming into force of the Amendment Law.

(6)     Sub-paragraph (7) also applies where, before the coming into force of the Amendment Law, the court gives its approval under sub-paragraph (1)(a) but does not make an order under sub-paragraph (4) and an appeal is made against the court’s decision –

(a)     after the coming into force of the Amendment Law; or

(b)     before the coming into force of the Amendment Law but that appeal does not fall to be determined until after the coming into force of the Amendment Law.

(7)     In the cases described in sub-paragraphs (5) and (6), the court’s decision in relation to the appeal is to be made on the basis of sub-paragraph (2) (as amended by the Amendment Law).

(8)     Where, before the coming into force of the Amendment Law, the Minister has made an application for approval under sub-paragraph (1)(a) but that application does not fall to be determined until after the coming into force of the Amendment Law, the court’s decision in relation to that application is to be made on the basis of sub-paragraph (2) (as amended by the Amendment Law).

(9)     In this paragraph, “Amendment Law” means the Children (Arrangements to Assist Children to Live Outside Jersey) (Amendment) (Jersey) Law 2022.”.

3        Citation and commencement

This Law may be cited as the Children (Arrangements to Assist Children to Live Outside Jersey) (Amendment) (Jersey) Law 2022 and comes into force on the day after it is registered.

 


Page Last Updated: 22 Apr 2022