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Welfare of Children Ordinance, 2008 - St Helena

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10 <strong>Welfare</strong> <strong>of</strong> <strong>Children</strong><br />

LAWS OF<br />

ST. HELENA<br />

<strong>of</strong> the whole blood or the half blood or by affinity) or his step-parent;<br />

“residence order” means an order under section 18(1)(a);<br />

“responsible person”, in relation to a child who is the subject <strong>of</strong> a supervision order, has the<br />

meaning given by paragraph 1 <strong>of</strong> Schedule 4;<br />

“SCB” means the <strong>St</strong>. <strong>Helena</strong> Safeguarding <strong>Children</strong>‘s Board established under section 38;<br />

“school” has the same meaning as in the Education <strong>Ordinance</strong>, <strong>2008</strong>;<br />

“section 18 order” has the meaning given by section 18(2);<br />

“secure accommodation” means accommodation provided for the purpose <strong>of</strong> restricting<br />

liberty;<br />

“specific issue order” has the meaning given by section 18(1)(d);<br />

“supervised child” means the child with respect to whom a supervision order is made;<br />

“supervision order” means an order under section 42(1)(b);<br />

“supervisor” means—<br />

(a) where the supervision order places the supervised child under the supervision <strong>of</strong> a<br />

probation <strong>of</strong>ficer, such probation <strong>of</strong>ficer as is for the time being assigned to him in<br />

(b)<br />

accordance with probation rules;<br />

where the supervision order places the supervised child under the supervision <strong>of</strong><br />

the Department, such <strong>of</strong>ficer <strong>of</strong> the Department as is for the time being assigned to<br />

him by the Department;<br />

“United Nations Convention on the Rights <strong>of</strong> the Child” means the Convention on the<br />

Rights <strong>of</strong> the Child adopted by the General Assembly <strong>of</strong> the United Nations on 20 th<br />

November 1989, subject to any reservations, objections or interpretative declarations by<br />

the United Kingdom for the time being in force and as extended to <strong>St</strong>. <strong>Helena</strong>;<br />

“usual fostering limit” means the limit imposed by section 72(2);<br />

“voluntary organisation” means a body (other than a public authority) whose activities are not<br />

carried on for pr<strong>of</strong>it;<br />

“young person” means a person who has attained 16 years <strong>of</strong> age, but who is under 18 years<br />

<strong>of</strong> age.<br />

(2) Any reference to—<br />

(a) a child being in need shall be construed in accordance with section 30(5);<br />

(b)<br />

(c)<br />

a child in the care <strong>of</strong> the Department is to a child with respect to whom a care order<br />

is in force;<br />

a child being looked after by the Department shall be construed in accordance with<br />

section 31(1).<br />

(3) Any register to be kept by the Department under this <strong>Ordinance</strong> may be kept in<br />

electronic format; and where such a register is so kept, any obligation to make it available for<br />

inspection is fulfilled by making the entries on it available in visible and legible form.<br />

<strong>Welfare</strong> <strong>of</strong> child<br />

PART II<br />

WELFARE AND RIGHTS OF THE CHILD<br />

3. (1) Whenever the Government, the Department, a court, a competent authority, a<br />

voluntary organisation or any other person makes a decision with respect to—<br />

(a) the custody, care, maintenance, health, education, development or any other matter<br />

relating to the upbringing <strong>of</strong> a particular child or children in general; or<br />

(b) the administration <strong>of</strong> a child's property or the application <strong>of</strong> any income arising<br />

from it,<br />

the child's welfare shall be the paramount consideration.<br />

This e-version <strong>of</strong> the text is not authoritative for use in court.

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