Adoption and Children Act 2002
Subsections (2) to (4) apply whenever a court or adoption agency is coming to a decision relating to the adoption of a child.
The paramount consideration of the court or adoption agency must be the child’s welfare, throughout his life.
The court or adoption agency must at all times bear in mind that, in general, any delay in coming to the decision is likely to prejudice the child’s welfare.
The court or adoption agency must have regard to the following matters (among others)—
the child’s ascertainable wishes and feelings regarding the decision (considered in the light of the child’s age and understanding),
the child’s particular needs,
the likely effect on the child (throughout his life) of having ceased to be a member of the original family and become an adopted person,
the child’s age, sex, background and any of the child’s characteristics which the court or agency considers relevant,
any harm (within the meaning of the Children Act 1989 (c. 41)) which the child has suffered or is at risk of suffering,
the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed, and with any other person in relation to whom the court or agency considers the relationship to be relevant, including—
the likelihood of any such relationship continuing and the value to the child of its doing so,
the ability and willingness of any of the child’s relatives, or of any such person, to provide the child with a secure environment in which the child can develop, and otherwise to meet the child’s needs,
the wishes and feelings of any of the child’s relatives, or of any such person, regarding the child.
In placing a child for adoption, an adoption agency in Wales must give due consideration to the child’s religious persuasion, racial origin and cultural and linguistic background.
In coming to a decision relating to the adoption of a child, a court or adoption agency must always consider the whole range of powers available to it in the child’s case (whether under this Act or the Children Act 1989); and the court must not make any order under this Act unless it considers that making the order would be better for the child than not doing so.
In this section, “coming to a decision relating to the adoption of a child”, in relation to a court, includes— but does not include coming to a decision about granting leave in any other circumstances.
coming to a decision in any proceedings where the orders that might be made by the court include an adoption order (or the revocation of such an order), a placement order (or the revocation of such an order) or an order under section 26 or 51A (or the revocation or variation of such an order),
coming to a decision about granting leave in respect of any action (other than the initiation of proceedings in any court) which may be taken by an adoption agency or individual under this Act,
For the purposes of this section—
references to relationships are not confined to legal relationships,
references to a relative, in relation to a child, include the child’s mother and father.
In this section “adoption agency in Wales” means an adoption agency that is—
a local authority in Wales, or
a registered adoption society whose principal office is in Wales.
The services maintained by local authorities under section 3(1) may be collectively referred to as “the Adoption Service”, and a local authority or registered adoption society may be referred to as an adoption agency.
In this Act, “registered adoption society” means— but in relation to the provision of any facility of the Adoption Service, references to a registered adoption society or to an adoption agency do not include an adoption society which is not registered in respect of that facility.
in relation to England, a voluntary organisation which is an adoption society registered under Part 2 of the Care Standards Act 2000 (c. 14), or
in relation to Wales, a voluntary organisation which is an adoption society registered as a provider in Wales of an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2),
A registered adoption society is to be treated as registered in respect of any facility of the Adoption Service unless it is a condition of its registration that it does not provide that facility.
No application for registration under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 may be made in respect of an adoption society which is an unincorporated body.
In this Act—
if the person was placed for adoption by an adoption agency, that agency or (if different) the agency which keeps the information in relation to his adoption,
In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: supplementary), in subsection (2), for paragraph (b) there is substituted—.
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for “section 27 or 28 of the Adoption Act 1976” there is substituted “section 36 of the Adoption and Children Act 2002”,
for “an order under Part II or section 29 or 55” there is substituted “a placement order or adoption order (within the meaning of the Adoption and Children Act 2002) or an order under section 41 or 84”.
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Nothing in this Act affects any application for an order under section 18 of the Adoption Act 1976 (freeing for adoption) where—
the application has been made and has not been disposed of immediately before the repeal of that section, and
the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.
Where a notice given in respect of a child by the prospective adopters under section 22(1) of the Adoption Act 1976 is treated by virtue of paragraph 1(1) as having been given for the purposes of section 44(2) in respect of an application to adopt the child, section 42(3) has effect in relation to their application for an adoption order as if for “six months” there were substituted “ twelve months ”.
the council of any county so far as they are the council for an area for which there are no district councils,
“prescribed” means prescribed by regulations made by the Registrar General with the approval of the Secretary of State.
The Family Law Reform Act 1987 is amended as follows.
The Family Law Act 1996 is amended as follows.
In section 2B of the Protection of Children Act 1999 (individuals named in the findings of certain inquiries), in subsection (7), after paragraph (a) there is inserted—.
The Care Standards Act 2000 is amended as follows.
The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings. The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.
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Nothing in this Act affects any application for an adoption order under section 12 of the Adoption Act 1976 where—
the application has been made and has not been disposed of immediately before the repeal of that section, and
the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.
“appointed day” means the day appointed for the commencement of sections 56 to 65,
In section 1 (general principle), for paragraph (c) of subsection (3) there is substituted—.
In section 62 (meaning of “relevant child” etc.)—
in subsection (2), in paragraph (b), after “the Adoption Act 1976” there is inserted “ , the Adoption and Children Act 2002 ”,
in subsection (5), for the words from “has been freed” to “1976” there is substituted “ falls within subsection (7) ”.
In section 4 (basic definitions), in subsection (7), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.
In section 19 (dispositions of property), in subsection (5), after “1976” there is inserted “ or section 69 of the Adoption and Children Act 2002 ”.
At the end of that section there is inserted—
At the end of section 5 (registration authorities) there is inserted—
In section 63 (interpretation of Part 4)—
“adoption order” means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002;
in subsection (2), after paragraph (h) there is inserted—
In section 11 (requirement to register), in subsection (3), for “reference in subsection (1) to an agency does” there is substituted “ references in subsections (1) and (2) to an agency do ”.
In section 14 (2) (offences conviction of which may result in cancellation of registration), for paragraph (d) there is substituted—.
In section 16(2) (power to make regulations providing that no application for registration may be made in respect of certain agencies which are unincorporated bodies), “or a voluntary adoption agency” is omitted.
In section 22(10) (disapplication of power to make regulations in the case of voluntary adoption agencies), at the end there is inserted. “ or adoption support agencies ”
In section 23 (standards), at the end of subsection (4)(d) there is inserted “or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or section 9 of the Adoption and Children Act 2002”.
In section 31 (inspections by authorised persons), in subsection (3)(b), for “section 9(2) of the Adoption Act 1976” there is substituted “ section 9 of the Adoption and Children Act 2002 ”.
In section 43 (introductory), in subsection (3)(a)—
for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”,
after “children” there is inserted “ or the provision of adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002) ”.
In section 46 (inspections: supplementary), in subsection (7)(c), for “section 9(3) of the Adoption Act 1976” there is substituted “ section 9 of the Adoption and Children Act 2002 ”.
In section 48 (regulation of fostering functions), at the end of subsection (1) there is inserted—.
In section 55(2)(b) (definition of “social care worker”), for “or a voluntary adoption agency” there is substituted “ , a voluntary adoption agency or an adoption support agency ”.
In section 121 (general interpretation)—
in subsection (1), in the definition of “voluntary organisation”, for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”,
in subsection (13), in the appropriate place in the table there is inserted— “ Adoption support agency Section 4 ”.
In Schedule 4 (minor and consequential amendments), paragraph 27(b) is omitted.
In this Act, “adoption support services” means— in relation to adoption.
counselling, advice and information, and
any other services prescribed by regulations,
The power to make regulations under subsection (6)(b) is to be exercised so as to secure that local authorities provide financial support.
In this Chapter, references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.
Each local authority must continue to maintain within their area a service designed to meet the needs, in relation to adoption, of— and for that purpose must provide the requisite facilities.
children who may be adopted, their parents and guardians,
persons wishing to adopt a child, and
adopted persons, their parents, natural parents and former guardians;
Those facilities must include making, and participating in, arrangements—
for the adoption of children, and
for the provision of adoption support services.
As part of the service, the arrangements made for the purposes of subsection (2)(b)—
must extend to the provision of adoption support services to persons who are within a description prescribed by regulations,
may extend to the provision of those services to other persons.
A local authority may provide any of the requisite facilities by securing their provision by—
registered adoption societies, or
other persons who are within a description prescribed by regulations of persons who may provide the facilities in question.
The facilities of the service must be provided in conjunction with the local authority’s other social services and with registered adoption societies in their area, so that help may be given in a co-ordinated manner without duplication, omission or avoidable delay.
The social services referred to in subsection (5) are the functions of a local authority which are social services functions within the meaning of the Local Authority Social Services Act 1970 (c. 42) or for the purposes of the 2014 Act (which, in each case, include, in particular, those functions in so far as they relate to children).
A local authority must at the request of— carry out an assessment of that person’s needs for adoption support services.
any of the persons mentioned in paragraphs (a) to (c) of section 3(1), or
any other person who falls within a description prescribed by regulations (subject to subsection (7)(a)),
A local authority may, at the request of any person, carry out an assessment of that person’s needs for adoption support services.
A local authority may request the help of the persons mentioned in paragraph (a) or (b) of section 3(4) in carrying out an assessment.
Where, as a result of an assessment, a local authority decide that a person has needs for adoption support services, they must then decide whether to provide any such services to that person.
If— the local authority must prepare a plan in accordance with which adoption support services are to be provided to the person and keep the plan under review.
a local authority decide to provide any adoption support services to a person, and
the circumstances fall within a description prescribed by regulations,
Regulations may make provision about assessments, preparing and reviewing plans, the provision of adoption support services in accordance with plans and reviewing the provision of adoption support services.
The regulations may in particular make provision—
as to the circumstances in which a person mentioned in paragraph (b) of subsection (1) is to have a right to request an assessment of his needs in accordance with that subsection,
about the type of assessment which, or the way in which an assessment, is to be carried out,
about the way in which a plan is to be prepared,
about the way in which, and time at which, a plan or the provision of adoption support services is to be reviewed,
about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan,
as to the circumstances in which a local authority may provide adoption support services subject to conditions,
as to the consequences of conditions imposed by virtue of paragraph (f) not being met (including the recovery of any financial support provided by a local authority),
as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority’s area,
as to the circumstances in which a local authority may recover from another local authority the expenses of providing adoption support services to any person.
A local authority may carry out an assessment of the needs of any person under this section at the same time as an assessment of his needs is made under any other enactment.
If at any time during the assessment of the needs of any person under this section, it appears to a local authority that— the local authority must notify that integrated care board, ... Health Authority, Local Health Board or other local authority.
there may be a need for the provision of services to that person by ... (in Wales, a Health Authority or Local Health Board), or
there may be a need for the provision to that person of services that may be provided pursuant to arrangements made by an integrated care board under the National Health Service Act 2006 (including such arrangements made by an integrated care board in the exercise of functions of another person by virtue of any provision of that Act),
there may be a need for the provision to him of any services which fall within the education functions (as defined in section 579(1) of the Education Act 1996) of another local authority (as defined in section 579(1) of that Act),
Where it appears to a local authority that another local authority could, by taking any specified action, help in the exercise of any of their functions under this section, they may request the help of that other local authority, specifying the action in question.
A local authority whose help is so requested must comply with the request if it is consistent with the exercise of their functions.
The Secretary of State may give directions requiring one or more local authorities in England to make arrangements for all or any of their functions within subsection (3) to be carried out on their behalf by—
one of those authorities, or
one or more other adoption agencies.
A direction under subsection (1) may, in particular—
specify who is to carry out the functions, or
require the local authority or authorities to determine who is to carry out the functions.
The functions mentioned in subsection (1) are functions in relation to—
the recruitment of persons as prospective adopters;
the assessment of prospective adopters' suitability to adopt a child;
the approval of prospective adopters as suitable to adopt a child;
decisions as to whether a particular child should be placed for adoption with a particular prospective adopter;
the provision of adoption support services.
The Secretary of State may give a direction requiring a local authority in England to terminate arrangements made in accordance with a direction under subsection (1).
A direction under this section may make different provision for different purposes.
The Secretary of State may by regulations amend subsection (3).
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Each local authority must prepare a plan for the provision of the services maintained under section 3(1) and secure that it is published.
The plan must contain information of a description prescribed by regulations (subject to subsection (4)(b)).
The regulations may make provision requiring local authorities—
to review any plan,
in the circumstances prescribed by the regulations, to modify that plan and secure its publication or to prepare a plan in substitution for that plan and secure its publication.
The appropriate Minister may direct—
that a plan is to be included in another document specified in the direction,
that the requirements specified in the direction as to the description of information to be contained in a plan are to have effect in place of the provision made by regulations under subsection (2).
Directions may be given by the appropriate Minister for the purpose of making provision in connection with any duty imposed by virtue of this section including, in particular, provision as to—
the form and manner in which, and the time at which, any plan is to be published,
the description of persons who are to be consulted in the preparation of any plan,
the time at which any plan is to be reviewed.
Subsections (2) to (5) apply in relation to a modified or substituted plan (or further modified or substituted plan) as they apply in relation to a plan prepared under subsection (1).
Directions given under this section may relate— and accordingly different provision may be made in relation to different local authorities or classes or descriptions of local authorities.
to a particular local authority,
to any class or description of local authorities, or
except in the case of a direction given under subsection (4)(b), to local authorities generally,
Where, by virtue of the cancellation of its registration under Part 2 of the Care Standards Act 2000 (c. 14) or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), a body has ceased to be a registered adoption society, the appropriate Minister may direct the body to make such arrangements as to the transfer of its functions relating to children and other transitional matters as seem to him expedient.
The Welsh Ministers may direct two or more local authorities in Wales to enter into specified arrangements with each other in relation to the provision of specified services maintained under section 3(1).
Before giving a direction under this section the Welsh Ministers must consult the local authorities to which it is to be given.
Specified arrangements may include (among other things) arrangements—
as to the establishment and maintenance of a pooled fund;
as to the provision of staff, goods, services, accommodation or other resources;
for determining the amount of payment or other contribution to be made towards relevant expenditure by the authorities which are parties to the arrangements;
for working in conjunction with registered adoption societies;
as to the responsibility for, and the operation and management of, the arrangements;
as to the establishment and operation of a panel to make recommendations as to—
whether a child should be placed for adoption;
whether a prospective adopter is suitable to adopt a child;
whether a particular child should be placed for adoption with a particular prospective adopter;
for resolving complaints about services provided in accordance with the specified arrangements;
as to the determination of disputes between the authorities which are parties to the arrangements.
Where the Welsh Ministers exercise their power of direction under subsection (1) they must within 21 days of the giving of the direction—
report to the National Assembly for Wales that the power has been exercised, and
lay a copy of the direction before the National Assembly for Wales.
In this section— “a pooled fund” is a fund made up of contributions by two or more local authorities out of which payments may be made towards relevant expenditure; “relevant expenditure” is expenditure incurred in connection with the provision of services provided in accordance with the specified arrangements; “specified” means specified in a direction under this section.
This section applies where it appears to the appropriate Minister that—
a body which is or has been a registered adoption society is inactive or defunct, or
a body which has ceased to be a registered adoption society by virtue of the cancellation of its registration under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 has not made such arrangements for the transfer of its functions relating to children as are specified in a direction given by him.
The appropriate Minister may, in relation to such functions of the society as relate to children, direct what appears to him to be the appropriate local authority to take any such action as might have been taken by the society or by the society jointly with the authority.
A local authority are entitled to take any action which—
apart from this subsection the authority would not be entitled to take, or would not be entitled to take without joining the society in the action, but
they are directed to take under subsection (2).
The appropriate Minister may charge the society for expenses necessarily incurred by him or on his behalf in securing the transfer of its functions relating to children.
Before giving a direction under subsection (2) the appropriate Minister must, if practicable, consult both the society and the authority.
In this Act, “adoption support agency” means an undertaking the purpose of which, or one of the purposes of which, is the provision of adoption support services; but an undertaking is not an adoption support agency— “Undertaking” has the same meaning as in the Care Standards Act 2000 (c. 14).
merely because it provides information in connection with adoption other than for the purpose mentioned in section 98(1), or
if it is excepted by virtue of subsection (2).
“registers of live-births” means the registers of live-births made under the Births and Deaths Registration Act 1953 (c. 20).
Every adoption order must contain a direction to the Registrar General to make in the Adopted Children Register an entry in the form prescribed by regulations made by the Registrar General with the approval of the Secretary of State. Where, on an application to a court for an adoption order in respect of a child, the identity of the child with a child to whom an entry in the registers of live-births or other records relates is proved to the satisfaction of the court, any adoption order made in pursuance of the application must contain a direction to the Registrar General to secure that the entry in the register or, as the case may be, record in question is marked with the word “Adopted”. Where an adoption order is made in respect of a child who has previously been the subject of an adoption order made by a court in England or Wales under Part 1 of this Act or any other enactment— Where an adoption order is made, the prescribed officer of the court which made the order must communicate the order to the Registrar General in the prescribed manner; and the Registrar General must then comply with the directions contained in the order. “Prescribed” means prescribed by rules.
The following are excepted—
a registered adoption society, whether or not the society is registered in respect of the provision of adoption support services,
a local authority,
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a Special Health Authority ... , integrated care board (in Wales, a Health Authority or Local Health Board) , NHS trust or NHS foundation trust,
NHS England,
the Registrar General,
any person, or description of persons, excepted by regulations.
In section 4 of the Care Standards Act 2000 (basic definitions)—
after subsection (7) there is inserted—,
in subsection (9)(a) (construction of references to descriptions of agencies), for “or a voluntary adoption agency” there is substituted “ a voluntary adoption agency or an adoption support agency ”.
In this section “local authority” includes any body that is a local authority as defined in section 579(1) of the Education Act 1996 (in addition to the bodies mentioned in the definition in section 144(1)).
Except in circumstances prescribed by regulations, a local authority in England must provide the information specified in subsection (2) to—
any person who has contacted the authority to request information about adopting a child,
any person who has informed the authority that he or she wishes to adopt a child,
any person within the authority's area who the authority are aware is a parent of an adopted child, and
any person within the authority's area who is a parent of an adopted child and has contacted the authority to request any of the information specified in subsection (2).
The information is—
information about the adoption support services available to people in the authority's area;
information about the right to request an assessment under section 4 (assessments etc for adoption support services), and the authority's duties under that section and regulations made under it;
information about the authority's duties under section 4A (adoption support services: personal budgets) and regulations made under it;
any other information prescribed by regulations.
Regulations may make provision for any purpose relating to—
the exercise by local authorities or voluntary adoption agencies of their functions in relation to adoption, or
the exercise by adoption support agencies of their functions in relation to adoption.
The extent of the power to make regulations under this section is not limited by sections 10 to 12, 45, 54, 56 to 65 and 98 or by any other powers exercisable in respect of local authorities, voluntary adoption agencies or adoption support agencies.
Regulations may provide that a person who contravenes or fails to comply with any provision of regulations under this section is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this section and section 10, “voluntary adoption agency” means a voluntary organisation which is an adoption society.
In relation to local authorities, voluntary adoption agencies and adoption support agencies, regulations under section 9 may make provision as to—
the persons who are fit to work for them for the purposes of the functions mentioned in section 9(1),
the fitness of premises,
the management and control of their operations,
the number of persons, or persons of any particular type, working for the purposes of those functions,
the management and training of persons working for the purposes of those functions,
the keeping of information.
Regulations made by virtue of subsection (1)(a) may, in particular, make provision for prohibiting persons from working in prescribed positions unless they are registered in, or in a particular part of —
the register of social workers in England maintained under section 39 of the Children and Social Work Act 2017,
any register of social care workers in England maintained under an Order in Council under section 60 of the Health Act 1999 or any register maintained under such an Order in Council so far as relating to social care workers in England, or
the register maintained undersection 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (registration of social care workers).
In relation to voluntary adoption agencies and adoption support agencies, regulations under section 9 may—
make provision as to the persons who are fit to manage an agency, including provision prohibiting persons from doing so unless they are registered in, or in a particular part of, one of the registers referred to in subsection (2),
impose requirements as to the financial position of an agency,
make provision requiring the appointment of a manager,
in the case of a voluntary adoption agency, make provision for securing the welfare of children placed by the agency, including provision as to the promotion and protection of their health,
in the case of an adoption support agency, make provision as to the persons who are fit to carry on the agency.
Regulations under section 9 may make provision as to the conduct of voluntary adoption agencies and adoption support agencies, and may in particular make provision—
as to the facilities and services to be provided by an agency,
as to the keeping of accounts,
as to the notification to the registration authority of events occurring in premises used for the purposes of an agency,
as to the giving of notice to the registration authority of periods during which the manager of an agency proposes to be absent, and specifying the information to be given in such a notice,
as to the making of adequate arrangements for the running of an agency during a period when its manager is absent,
as to the giving of notice to the registration authority of any intended change in the identity of the manager,
as to the giving of notice to the registration authority of changes in the ownership of an agency or the identity of its officers,
requiring the payment of a prescribed fee to the registration authority in respect of any notification required to be made by virtue of paragraph (g),
requiring arrangements to be made for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided by an agency and requiring the agency or manager to take steps for publicising the arrangements.
Regulations under section 9 may prescribe—
the fees which may be charged by adoption agencies in respect of the provision of services to persons providing facilities as part of the Adoption Service (including the Adoption Services in Scotland and Northern Ireland),
the fees which may be paid by adoption agencies to persons providing or assisting in providing such facilities.
Regulations under section 9 may prescribe the fees which may be charged by local authorities in respect of the provision of prescribed facilities of the Adoption Service where the following conditions are met.
The conditions are that the facilities are provided in connection with—
the adoption of a child brought into the United Kingdom for the purpose of adoption, or
a Convention adoption, an overseas adoption or an adoption effected under the law of a country or territory outside the British Islands.
Regulations under section 9 may prescribe the fees which may be charged by adoption agencies in respect of the provision of counselling, where the counselling is provided in connection with the disclosure of information in relation to a person’s adoption.
Regulations under section 9 may establish a procedure under which any person in respect of whom a qualifying determination has been made by an adoption agency may apply to ... the appropriate Minister for a review of that determination by a panel constituted by that Minister.
The regulations must make provision as to the description of determinations which are qualifying determinations for the purposes of subsection (1).
The regulations may include provision as to—
the duties and powers of a panel ...,
the administration and procedures of a panel,
the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment),
the payment of fees to members of a panel,
the duties of adoption agencies in connection with reviews conducted under the regulations,
the monitoring of any such reviews.
The appropriate Minister may make an arrangement with an organisation under which independent review functions are performed by the organisation on his behalf.
Regulations made by virtue of subsection (3)(e) may impose a duty to pay to the appropriate Minister such sum as that Minister may determine.
If the appropriate Minister makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by the appropriate Minister.
The appropriate Minister must secure that, taking one financial year with another, the aggregate of the sums which become payable to him under regulations made by virtue of subsection (3A) does not exceed the cost to him of performing his independent review functions.
The arrangement may include provision for payments to be made to the organisation by the appropriate Minister.
Where the appropriate Minister is the Assembly, subsections (4) and (6) also apply as if references to an organisation included references to the Secretary of State.
In this section — “financial year” means a period of twelve months ending with 31st March, “independent review function” means a function conferred or imposed on an appropriate Minister by regulations made by virtue of this section, “organisation” includes a public body and a private or voluntary organisation.
Payments made by the appropriate Minister in accordance with such provision shall be taken into account in determining (for the purpose of subsection (3B)) the cost to that Minister of performing his independent review functions.
Each adoption agency must give to the appropriate Minister any statistical or other general information he requires about—
its performance of all or any of its functions relating to adoption,
the children and other persons in relation to whom it has exercised those functions.
The following persons— must give to the appropriate Minister any statistical or other general information he requires about the proceedings under this Act of the court in question.
the relevant officer of the family court, and
the relevant officer of each county court,
the relevant officer of the High Court,
In subsection (2), “relevant officer”, in relation to the family court or the High Court, means the officer of that court who is designated to act for the purposes of that subsection by a direction given by the Lord Chancellor.
The information required to be given to the appropriate Minister under this section must be given at the times, and in the form, directed by him.
The appropriate Minister may publish from time to time abstracts of the information given to him under this section.
If the appropriate Minister is satisfied that any local authority have failed, without reasonable excuse, to comply with any of the duties imposed on them by virtue of this Act or of section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 (c. 18), he may make an order declaring that authority to be in default in respect of that duty.
An order under subsection (1) must give the appropriate Minister’s reasons for making it.
An order under subsection (1) may contain such directions as appear to the appropriate Minister to be necessary for the purpose of ensuring that, within the period specified in the order, the duty is complied with.
Any such directions are enforceable, on the appropriate Minister’s application, by a mandatory order.
The appropriate Minister may arrange for any premises in which— to be inspected from time to time.
a child is living with a person with whom the child has been placed by an adoption agency, or
a child in respect of whom a notice of intention to adopt has been given under section 44 is, or will be, living,
The appropriate Minister may require an adoption agency— relating to the discharge of any of its functions in relation to adoption which the appropriate Minister specifies.
to give him any information, or
to allow him to inspect any records (in whatever form they are held),
An inspection under this section must be conducted by a person authorised by the appropriate Minister.
An officer of a local authority may only be so authorised with the consent of the authority.
A person inspecting any premises under subsection (1) may—
visit the child there,
make any examination into the state of the premises and the treatment of the child there which he thinks fit.
A person authorised to inspect any records under this section may at any reasonable time have access to, and inspect and check the operation of, any computer (and associated apparatus) which is being or has been used in connection with the records in question.
A person authorised to inspect any premises or records under this section may—
enter the premises for that purpose at any reasonable time,
require any person to give him any reasonable assistance he may require.
A person exercising a power under this section must, if required to do so, produce a duly authenticated document showing his authority.
Any person who intentionally obstructs another in the exercise of a power under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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The appropriate Minister may cause an inquiry to be held into any matter connected with the functions of an adoption agency.
Before an inquiry is begun, the appropriate Minister may direct that it is to be held in private.
Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) (powers in relation to local inquiries) apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.
An adoption agency may— but, except in the case of a child who is less than six weeks old, may only do so under section 19 or a placement order.
place a child for adoption with prospective adopters, or
where it has placed a child with any persons (whether under this Part or not), leave the child with them as prospective adopters,
An adoption agency may only place a child for adoption with prospective adopters if the agency is satisfied that the child ought to be placed for adoption.
A child who is placed or authorised to be placed for adoption with prospective adopters by a local authority is looked after by the authority.
If an application for an adoption order has been made by any persons in respect of a child and has not been disposed of— “Adoption order” includes a Scottish or Northern Irish adoption order.
an adoption agency which placed the child with those persons may leave the child with them until the application is disposed of, but
apart from that, the child may not be placed for adoption with any prospective adopters.
in relation to England, has the same meaning as in the Care Standards Act 2000 (c. 14), and
The Local Authority Social Services Act 1970 is amended as follows.
In section 7D (default powers of Secretary of State as respects social services functions of local authorities), in subsection (1), after “the Children Act 1989” there is inserted “ section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or the Adoption and Children Act 2002 ”.
In Schedule 1 (enactments conferring functions assigned to social services committee)—
the entry relating to the Adoption Act 1976 is omitted,
in the entry relating to the Children Act 1989, after “Consent to application for residence order in respect of child in care” there is inserted “ Functions relating to special guardianship orders ”,
in the entry relating to the Adoption (Intercountry Aspects) Act 1999— and at the end of the Schedule there is inserted— Adoption and Children Act 2002 Maintenance of Adoption Service; functions of local authority as adoption agency.
in the first column, for “Section” there is substituted “ Sections 1 and ”,
in the second column, for “Article 9(a) to (c) of” there is substituted “ regulations made under section 1 giving effect to ” and at the end there is inserted “ and functions under Article 9(a) to (c) of the Convention ”,
References in this Act (apart from this section) to an adoption agency placing a child for adoption— and references in this Act (apart from this section) to a child who is placed for adoption by an adoption agency are to be interpreted accordingly.
are to its placing a child for adoption with prospective adopters, and
include, where it has placed a child with any persons (whether under this Act or not), leaving the child with them as prospective adopters;
References in this Chapter to an adoption agency being, or not being, authorised to place a child for adoption are to the agency being or (as the case may be) not being authorised to do so under section 19 or a placement order.
This section is subject to sections 30 to 35 (removal of children placed by adoption agencies).
Where an adoption agency is satisfied that each parent or guardian of a child has consented to the child— and has not withdrawn the consent, the agency is authorised to place the child for adoption accordingly.
being placed for adoption with prospective adopters identified in the consent, or
being placed for adoption with any prospective adopters who may be chosen by the agency,
Consent to a child being placed for adoption with prospective adopters identified in the consent may be combined with consent to the child subsequently being placed for adoption with any prospective adopters who may be chosen by the agency in circumstances where the child is removed from or returned by the identified prospective adopters.
Subsection (1) does not apply where–
an application has been made on which a care order might be made and the application has not been disposed of, or
a care order or placement order has been made after the consent was given.
References in this Act to a child placed for adoption under this section include a child who was placed under this section with prospective adopters and continues to be placed with them, whether or not consent to the placement has been withdrawn.
This section is subject to section 52 (parental etc. consent).
A parent or guardian of a child who consents to the child being placed for adoption by an adoption agency under section 19 may, at the same or any subsequent time, consent to the making of a future adoption order.
Consent under this section—
where the parent or guardian has consented to the child being placed for adoption with prospective adopters identified in the consent, may be consent to adoption by them, or
may be consent to adoption by any prospective adopters who may be chosen by the agency.
A person may withdraw any consent given under this section.
A person who gives consent under this section may, at the same or any subsequent time, by notice given to the adoption agency—
state that he does not wish to be informed of any application for an adoption order, or
withdraw such a statement.
A notice under subsection (4) has effect from the time when it is received by the adoption agency but has no effect if the person concerned has withdrawn his consent.
This section is subject to section 52 (parental etc. consent).
A placement order is an order made by the court authorising a local authority to place a child for adoption with any prospective adopters who may be chosen by the authority.
The court may not make a placement order in respect of a child unless—
the child is subject to a care order,
the court is satisfied that the conditions in section 31(2) of the 1989 Act (conditions for making a care order) are met, or
the child has no parent or guardian.
The court may only make a placement order if, in the case of each parent or guardian of the child, the court is satisfied—
that the parent or guardian has consented to the child being placed for adoption with any prospective adopters who may be chosen by the local authority and has not withdrawn the consent, or
that the parent’s or guardian’s consent should be dispensed with. This subsection is subject to section 52 (parental etc. consent).
A placement order continues in force until— “Adoption order” includes a Scottish or Northern Irish adoption order.
it is revoked under section 24,
an adoption order is made in respect of the child, or
the child marries , forms a civil partnership or attains the age of 18 years.
A local authority must apply to the court for a placement order in respect of a child if—
the child is placed for adoption by them or is being provided with accommodation by them,
no adoption agency is authorised to place the child for adoption,
the child has no parent or guardian or the authority consider that the conditions in section 31(2) of the 1989 Act are met, and
the authority are satisfied that the child ought to be placed for adoption.
If— the appropriate local authority must apply to the court for a placement order if they are satisfied that the child ought to be placed for adoption.
an application has been made (and has not been disposed of) on which a care order might be made in respect of a child, or
a child is subject to a care order and the appropriate local authority are not authorised to place the child for adoption,
If— the authority may apply to the court for a placement order.
a child is subject to a care order, and
the appropriate local authority are authorised to place the child for adoption under section 19,
If a local authority— the child is looked after by the authority.
are under a duty to apply to the court for a placement order in respect of a child, or
have applied for a placement order in respect of a child and the application has not been disposed of,
Subsections (1) to (3) do not apply in respect of a child— “Adoption order” includes a Scottish or Northern Irish adoption order.
if any persons have given notice of intention to adopt, unless the period of four months beginning with the giving of the notice has expired without them applying for an adoption order or their application for such an order has been withdrawn or refused, or
if an application for an adoption order has been made and has not been disposed of.
“Adoption order” includes a Scottish or Northern Irish adoption order.
Where— the court may give any directions it considers appropriate for the medical or psychiatric examination or other assessment of the child; but a child who is of sufficient understanding to make an informed decision may refuse to submit to the examination or other assessment.
an application for a placement order in respect of a child has been made and has not been disposed of, and
no interim care order is in force,
The appropriate local authority—
in relation to a care order, is the local authority in whose care the child is placed by the order, and
in relation to an application on which a care order might be made, is the local authority which makes the application.
The court may vary a placement order so as to substitute another local authority for the local authority authorised by the order to place the child for adoption.
The variation may only be made on the joint application of both authorities.
The court may revoke a placement order on the application of any person.
But an application may not be made by a person other than the child or the local authority authorised by the order to place the child for adoption unless—
the court has given leave to apply, and
the child is not placed for adoption by the authority.
The court cannot give leave under subsection (2)(a) unless satisfied that there has been a change in circumstances since the order was made.
If the court determines, on an application for an adoption order, not to make the order, it may revoke any placement order in respect of the child.
Where— the child may not without the court’s leave be placed for adoption under the order.
an application for the revocation of a placement order has been made and has not been disposed of, and
the child is not placed for adoption by the authority,
This section applies while—
a child is placed for adoption under section 19 or an adoption agency is authorised to place a child for adoption under that section, or
a placement order is in force in respect of a child.
Parental responsibility for the child is given to the agency concerned.
While the child is placed with prospective adopters, parental responsibility is given to them.
The agency may determine that the parental responsibility of any parent or guardian, or of prospective adopters, is to be restricted to the extent specified in the determination.
On an adoption agency being authorised to place a child for adoption, or placing a child for adoption who is less than six weeks old—
any contact provision in a child arrangements order under section 8 of the 1989 Act ceases to have effect,
any order under section 34 of that Act (parental etc contact with children in care) ceases to have effect, and
any activity direction made in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or made in other proceedings that relate to such an order, is discharged.
While an adoption agency is so authorised or a child is placed for adoption—
no application may be made for—
a child arrangements order under section 8 of the 1989 Act containing contact provision, or
an order under section 34 of that Act, but
the court may make an order under this section requiring the person with whom the child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for the person named in the order and the child otherwise to have contact with each other.
An application for an order under this section may be made by—
the child or the agency,
any parent, guardian or relative,
any person in whose favour there was provision ... which ceased to have effect by virtue of subsection (1)(a) or an order which ceased to have effect by virtue of subsection (1)(b),
if a child arrangements order was in force immediately before the adoption agency was authorised to place the child for adoption or (as the case may be) placed the child for adoption at a time when he was less than six weeks old, any person named in the order as a person with whom the child was to live,
if a person had care of the child immediately before that time by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person,
any person who has obtained the court’s leave to make the application.
When making a placement order, the court may on its own initiative make an order under this section.
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In this section “activity direction” has the meaning given by section 11A of the 1989 Act.
In this section “contact provision” means provision which regulates arrangements relating to— but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.
with whom a child is to spend time or otherwise have contact, or
when a child is to spend time or otherwise have contact with any person;
An order under section 26—
has effect while the adoption agency is authorised to place the child for adoption or the child is placed for adoption, but
may be varied or revoked by the court on an application by the child, the agency or a person named in the order.
The agency may refuse to allow the contact that would otherwise be required by virtue of an order under that section if—
it is satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare, and
the refusal is decided upon as a matter of urgency and does not last for more than seven days.
Regulations may make provision as to—
the steps to be taken by an agency which has exercised its power under subsection (2),
the circumstances in which, and conditions subject to which, the terms of any order under section 26 may be departed from by agreement between the agency and any person for whose contact with the child the order provides,
notification by an agency of any variation or suspension of arrangements made (otherwise than under an order under that section) with a view to allowing any person contact with the child.
Before making a placement order the court must—
consider the arrangements which the adoption agency has made, or proposes to make, for allowing any person contact with the child, and
invite the parties to the proceedings to comment on those arrangements.
An order under section 26 may provide for contact on any conditions the court considers appropriate.
Where a child is placed for adoption under section 19 or an adoption agency is authorised to place a child for adoption under that section—
a parent or guardian of the child may not apply for a child arrangements order regulating the child's living arrangements unless an application for an adoption order has been made and the parent or guardian has obtained the court’s leave under subsection (3) or (5) of section 47,
if an application has been made for an adoption order, a guardian of the child may not apply for a special guardianship order unless he has obtained the court’s leave under subsection (3) or (5) of that section.
Where— then (whether or not the child is in England and Wales) a person may not do either of the following things, unless the court gives leave or each parent or guardian of the child gives written consent.
a child is placed for adoption under section 19 or an adoption agency is authorised to place a child for adoption under that section, or
a placement order is in force in respect of a child,
Those things are—
causing the child to be known by a new surname, or
removing the child from the United Kingdom.
Subsection (3) does not prevent the removal of a child from the United Kingdom for a period of less than one month by a person who provides the child’s home.
For the purposes of subsection (1)(a), a child arrangements order regulates a child's living arrangements if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
with whom the child is to live, and
when the child is to live with any person.
Where a placement order is made in respect of a child and either— the care order does not have effect at any time when the placement order is in force.
the child is subject to a care order, or
the court at the same time makes a care order in respect of the child,
On the making of a placement order in respect of a child, any order mentioned in section 8(1) of the 1989 Act, and any supervision order in respect of the child, ceases to have effect.
Where a placement order is in force— may be made in respect of the child.
no prohibited steps order... or specific issue order, and
no supervision order or child assessment order,
Where a placement order is in force, a child arrangements order may be made with respect to the child's living arrangements only if—
an application for an adoption order has been made in respect of the child, and
the child arrangements order is applied for by a parent or guardian who has obtained the court’s leave under subsection (3) or (5) of section 47 or by any other person who has obtained the court’s leave under this subsection.
Where a placement order is in force, no special guardianship order may be made in respect of the child unless—
an application has been made for an adoption order, and
the person applying for the special guardianship order has obtained the court’s leave under this subsection or, if he is a guardian of the child, has obtained the court’s leave under section 47(5).
For the purposes of subsection (4), a child arrangements order is one made with respect to a child's living arrangements if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
with whom the child is to live, and
when the child is to live with any person.
Section 14A(7) of the 1989 Act applies in respect of an application for a special guardianship order for which leave has been given as mentioned in subsection (5)(b) with the omission of the words “the beginning of the period of three months ending with”.
Where a placement order is in force—
section 14C(1)(b) of the 1989 Act (special guardianship: parental responsibility) has effect subject to any determination under section 25(4) of this Act,
section 14C(3) and (4) of the 1989 Act (special guardianship: removal of child from UK etc.) does not apply.
Where— a person (other than the agency) must not remove the child from the prospective adopters.
a child is placed for adoption by an adoption agency under section 19, or
a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption,
Where— only a person who has the court’s leave (or the authority) may remove the child from the accommodation.
a child who is not for the time being placed for adoption is being provided with accommodation by a local authority, and
the authority have applied to the court for a placement order and the application has not been disposed of,
Where subsection (2) does not apply, but— a person (other than the agency) must not remove the child from the accommodation.
a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency, and
the agency is authorised to place the child for adoption under section 19 or would be so authorised if any consent to placement under that section had not been withdrawn,
This section is subject to sections 31 to 33 but those sections do not apply if the child is subject to a care order.
This group of sections (that is, this section and those sections) apply whether or not the child in question is in England and Wales.
This group of sections does not affect the exercise by any local authority or other person of any power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act (removal of children from local authority accommodation).
This group of sections does not prevent the removal of a child who is arrested.
A person who removes a child in contravention of this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
Subsection (2) applies where—
a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency, and
the agency would be authorised to place the child for adoption under section 19 if consent to placement under that section had not been withdrawn.
If any parent or guardian of the child informs the agency that he wishes the child to be returned to him, the agency must return the child to him within the period of seven days beginning with the request unless an application is, or has been, made for a placement order and the application has not been disposed of.
Subsection (4) applies where— unless an application is, or has been, made for a placement order and the application has not been disposed of.
a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption, and
any parent or guardian of the child informs the agency that he wishes the child to be returned to him,
The agency must give notice of the parent’s or guardian’s wish to the prospective adopters who must return the child to the agency within the period of seven days beginning with the day on which the notice is given.
A prospective adopter who fails to comply with subsection (4) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
As soon as a child is returned to an adoption agency under subsection (4), the agency must return the child to the parent or guardian in question.
This section applies where— unless an application is, or has been, made for a placement order and the application has not been disposed of.
a child is placed for adoption by an adoption agency under section 19, and
consent to placement under that section has been withdrawn,
If a parent or guardian of the child informs the agency that he wishes the child to be returned to him—
the agency must give notice of the parent’s or guardian’s wish to the prospective adopters, and
the prospective adopters must return the child to the agency within the period of 14 days beginning with the day on which the notice is given.
A prospective adopter who fails to comply with subsection (2)(b) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
As soon as a child is returned to an adoption agency under this section, the agency must return the child to the parent or guardian in question.
Where a notice under subsection (2) is given, but— the prospective adopters are not required by virtue of the notice to return the child to the agency unless the court so orders.
before the notice was given, an application— was made in respect of the child, and
for an adoption order (including a Scottish or Northern Irish adoption order),
for a special guardianship order,
for a child arrangements order to which subsection (6) applies, or
for permission to apply for an order within sub-paragraph (ii) or (iii),
the application (and, in a case where permission is given on an application to apply for an order within paragraph (a)(ii) or (iii), the application for the order) has not been disposed of,
A child arrangements order is one to which this subsection applies if it is an order regulating arrangements that consist of, or include, arrangements which relate to either or both of the following—
with whom a child is to live, and
when the child is to live with any person.
This section applies where—
a child is placed for adoption by a local authority under section 19,
the authority have applied for a placement order and the application has been refused, and
any parent or guardian of the child informs the authority that he wishes the child to be returned to him.
The prospective adopters must return the child to the authority on a date determined by the court.
A prospective adopter who fails to comply with subsection (2) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
As soon as a child is returned to the authority, they must return the child to the parent or guardian in question.
Where a placement order in respect of a child— a person (other than the local authority) may not remove the child from the prospective adopters or from accommodation provided by the authority.
is in force, or
has been revoked, but the child has not been returned by the prospective adopters or remains in any accommodation provided by the local authority,
A person who removes a child in contravention of subsection (1) is guilty of an offence.
Where a court revoking a placement order in respect of a child determines that the child is not to remain with any former prospective adopters with whom the child is placed, they must return the child to the local authority within the period determined by the court for the purpose; and a person who fails to do so is guilty of an offence.
Where a court revoking a placement order in respect of a child determines that the child is to be returned to a parent or guardian, the local authority must return the child to the parent or guardian as soon as the child is returned to the authority or, where the child is in accommodation provided by the authority, at once.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
This section does not affect the exercise by any local authority or other person of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act (removal of children from local authority accommodation).
This section does not prevent the removal of a child who is arrested.
This section applies whether or not the child in question is in England and Wales.
Where a child is placed for adoption by an adoption agency and the prospective adopters give notice to the agency of their wish to return the child, the agency must—
receive the child from the prospective adopters before the end of the period of seven days beginning with the giving of the notice, and
give notice to any parent or guardian of the child of the prospective adopters’ wish to return the child.
Where a child is placed for adoption by an adoption agency, and the agency— the prospective adopters must, not later than the end of the period of seven days beginning with the giving of the notice, return the child to the agency.
is of the opinion that the child should not remain with the prospective adopters, and
gives notice to them of its opinion,
If the agency gives notice under subsection (2)(b), it must give notice to any parent or guardian of the child of the obligation to return the child to the agency.
A prospective adopter who fails to comply with subsection (2) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
Where— prospective adopters are not required by virtue of the notice to return the child to the agency unless the court so orders.
an adoption agency gives notice under subsection (2) in respect of a child,
before the notice was given, an application— was made in respect of the child, and
for an adoption order (including a Scottish or Northern Irish adoption order),
for a special guardianship order,
for a child arrangements order to which subsection (5A) applies, or
for permission to apply for an order within sub-paragraph (ii) or (iii),
the application (and, in a case where permission is given on an application to apply for an order within paragraph (b)(ii) or (iii), the application for the order) has not been disposed of,
This section applies whether or not the child in question is in England and Wales.
A child arrangements order is one to which this subsection applies if it is an order regulating arrangements that consist of, or include, arrangements which relate to either or both of the following—
with whom a child is to live, and
when a child is to live with any person.
At any time when a child’s home is with any persons (“the people concerned”) with whom the child is not placed by an adoption agency, but the people concerned— a person may remove the child only in accordance with the provisions of this group of sections (that is, this section and sections 37 to 40). The reference to a child placed by an adoption agency includes a child placed by a Scottish or Northern Irish adoption agency.
have applied for an adoption order in respect of the child and the application has not been disposed of,
have given notice of intention to adopt, or
have applied for leave to apply for an adoption order under section 42(6) and the application has not been disposed of,
For the purposes of this group of sections, a notice of intention to adopt is to be disregarded if—
the period of four months beginning with the giving of the notice has expired without the people concerned applying for an adoption order, or
the notice is a second or subsequent notice of intention to adopt and was given during the period of five months beginning with the giving of the preceding notice.
For the purposes of this group of sections, if the people concerned apply for leave to apply for an adoption order under section 42(6) and the leave is granted, the application for leave is not to be treated as disposed of until the period of three days beginning with the granting of the leave has expired.
This section does not prevent the removal of a child who is arrested.
Where a parent or guardian may remove a child from the people concerned in accordance with the provisions of this group of sections, the people concerned must at the request of the parent or guardian return the child to the parent or guardian at once.
A person who— is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
fails to comply with subsection (5), or
removes a child in contravention of this section,
This group of sections applies whether or not the child in question is in England and Wales.
If section 36(1)(a) applies, the following persons may remove the child—
a person who has the court’s leave,
a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.
This section applies if the child’s home is with local authority foster parents.
If— the following persons may remove the child.
the child has had his home with the foster parents at all times during the period of five years ending with the removal and the foster parents have given notice of intention to adopt, or
an application has been made for leave under section 42(6) and has not been disposed of,
They are—
a person who has the court’s leave,
a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.
If subsection (2) does not apply but— the following persons may remove the child.
the child has had his home with the foster parents at all times during the period of one year ending with the removal, and
the foster parents have given notice of intention to adopt,
They are—
a person with parental responsibility for the child who is exercising the power in section 20(8) of the 1989 Act or section 76(5) of 2014 Act,
a person who has the court’s leave,
a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.
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This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.
If the child’s home has been with the partner for not less than three years (whether continuous or not) during the period of five years ending with the removal, the following persons may remove the child—
a person who has the court’s leave,
a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of 2014 Act.
If subsection (2) does not apply, the following persons may remove the child—
a parent or guardian,
a person who has the court’s leave,
a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act.
This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.
If the child’s home has been with the partner for not less than three years (whether continuous or not) during the period of five years ending with the removal, the following persons may remove the child—
If subsection (2) does not apply, the following persons may remove the child—
a parent or guardian,
a person who has the court’s leave,
a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.
In any case where sections 37 to 39 do not apply but— the following persons may remove the child.
the people concerned have given notice of intention to adopt, or
the people concerned have applied for leave under section 42(6) and the application has not been disposed of,
They are—
a person who has the court’s leave,
a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act.
This section applies where it appears to the court—
that a child has been removed in contravention of any of the preceding provisions of this Chapter or that there are reasonable grounds for believing that a person intends to remove a child in contravention of those provisions, or
that a person has failed to comply with section 31(4), 32(2), 33(2), 34(3) or 35(2).
The court may, on the application of any person, by an order—
direct any person who is in a position to do so to produce the child on request to any person mentioned in subsection (4),
authorise the removal of the child by any person mentioned in that subsection,
require any person who has information as to the child’s whereabouts to disclose that information on request to any constable or officer of the court,
authorise a constable to enter any premises specified in the order and search for the child, using reasonable force if necessary.
Premises may only be specified under subsection (2)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.
The persons referred to in subsection (2) are—
any person named by the court,
any constable,
any person who, after the order is made under that subsection, is authorised to exercise any power under the order by an adoption agency which is authorised to place the child for adoption.
A person who intentionally obstructs a person exercising a power of removal conferred by the order is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person must comply with a request to disclose information as required by the order even if the information sought might constitute evidence that he had committed an offence.
But in criminal proceedings in which the person is charged with an offence (other than one mentioned in subsection (8))— by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of the person.
no evidence relating to the information provided may be adduced, and
no question relating to the information may be asked,
The offences excluded from subsection (7) are—
an offence under section 2 or 5 of the Perjury Act 1911 (c. 6) (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath),
an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (false statements made on oath or otherwise than on oath).
An order under this section has effect in relation to Scotland as if it were an order made by the Court of Session which that court had jurisdiction to make.
An application for an adoption order may not be made unless—
if subsection (2) applies, the condition in that subsection is met,
if that subsection does not apply, the condition in whichever is applicable of subsections (3) to (5) applies.
If — the condition is that the child must have had his home with the applicant or, in the case of an application by a couple, with one or both of them at all times during the period of ten weeks preceding the application.
the child was placed for adoption with the applicant or applicants by an adoption agency or in pursuance of an order of the High Court, or
the applicant is a parent of the child,
If the applicant or one of the applicants is the partner of a parent of the child, the condition is that the child must have had his home with the applicant or, as the case may be, applicants at all times during the period of six months preceding the application.
If the applicants are local authority foster parents, the condition is that the child must have had his home with the applicants at all times during the period of one year preceding the application.
In any other case, the condition is that the child must have had his home with the applicant or, in the case of an application by a couple, with one or both of them for not less than three years (whether continuous or not) during the period of five years preceding the application.
But subsections (4) and (5) do not prevent an application being made if the court gives leave to make it.
An adoption order may not be made unless the court is satisfied that sufficient opportunities to see the child with the applicant or, in the case of an application by a couple, both of them together in the home environment have been given—
where the child was placed for adoption with the applicant or applicants by an adoption agency, to that agency,
in any other case, to the local authority within whose area the home is.
In this section and sections 43 and 44(1)—
references to an adoption agency include a Scottish or Northern Irish adoption agency,
references to a child placed for adoption by an adoption agency are to be read accordingly.
Where an application for an adoption order relates to a child placed for adoption by an adoption agency, the agency must—
submit to the court a report on the suitability of the applicants and on any other matters relevant to the operation of section 1, and
assist the court in any manner the court directs.
This section applies where persons (referred to in this section as “proposed adopters”) wish to adopt a child who is not placed for adoption with them by an adoption agency.
An adoption order may not be made in respect of the child unless the proposed adopters have given notice to the appropriate local authority of their intention to apply for the adoption order (referred to in this Act as a “notice of intention to adopt”).
The notice must be given not more than two years, or less than three months, before the date on which the application for the adoption order is made.
Where— the person may not give notice of intention to adopt unless he has the court’s leave to apply for an adoption order.
if a person were seeking to apply for an adoption order, subsection (4) or (5) of section 42 would apply, but
the condition in the subsection in question is not met,
On receipt of a notice of intention to adopt, the local authority must arrange for the investigation of the matter and submit to the court a report of the investigation.
In particular, the investigation must, so far as practicable, include the suitability of the proposed adopters and any other matters relevant to the operation of section 1 in relation to the application.
If a local authority receive a notice of intention to adopt in respect of a child whom they know was (immediately before the notice was given) looked after by another local authority, they must, not more than seven days after the receipt of the notice, inform the other local authority in writing that they have received the notice.
Where— the authority are not to be treated as leaving the child with them as prospective adopters for the purposes of section 18(1)(b).
a local authority have placed a child with any persons otherwise than as prospective adopters, and
the persons give notice of intention to adopt,
In this section, references to the appropriate local authority, in relation to any proposed adopters, are— and “prescribed” means prescribed by regulations.
in prescribed cases, references to the prescribed local authority,
in any other case, references to the local authority for the area in which, at the time of giving the notice of intention to adopt, they have their home,
Regulations under section 9 may make provision as to the matters to be taken into account by an adoption agency in determining, or making any report in respect of, the suitability of any persons to adopt a child.
In particular, the regulations may make provision for the purpose of securing that, in determining the suitability of a couple to adopt a child, proper regard is had to the need for stability and permanence in their relationship.
An adoption order is an order made by the court on an application under section 50 or 51 giving parental responsibility for a child to the adopters or adopter.
The making of an adoption order operates to extinguish— “Excepted order” means an order under section 9, 11(1)(d) or 13 of the Children (Scotland) Act 1995 or an exclusion order within the meaning of section 76(1) of that Act.
the parental responsibility which any person other than the adopters or adopter has for the adopted child immediately before the making of the order,
any order under the 1989 Act or the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),
any order under the Children (Scotland) Act 1995 (c. 36) other than an excepted order, and
any duty arising by virtue of an agreement or an order of a court to make payments, so far as the payments are in respect of the adopted child’s maintenance or upbringing for any period after the making of the adoption order.
any child assessment order or child protection order within the meaning given in section 202(1) of the Children’s Hearing (Scotland) Act 2011,
An adoption order—
does not affect parental responsibility so far as it relates to any period before the making of the order, and
in the case of an order made on an application under section 51(2) by the partner of a parent of the adopted child, does not affect the parental responsibility of that parent or any duties of that parent within subsection (2)(d).
Subsection (2)(d) does not apply to a duty arising by virtue of an agreement—
which constitutes a trust, or
which expressly provides that the duty is not to be extinguished by the making of an adoption order.
An adoption order may be made even if the child to be adopted is already an adopted child.
Before making an adoption order, the court must consider whether there should be arrangements for allowing any person contact with the child; and for that purpose the court must consider any existing or proposed arrangements and obtain any views of the parties to the proceedings.
An adoption order may not be made if the child has a parent or guardian unless one of the following three conditions is met; but this section is subject to section 52 (parental etc. consent).
The first condition is that, in the case of each parent or guardian of the child, the court is satisfied—
that the parent or guardian consents to the making of the adoption order,
that the parent or guardian has consented under section 20 (and has not withdrawn the consent) and does not oppose the making of the adoption order, or
that the parent’s or guardian’s consent should be dispensed with.
A parent or guardian may not oppose the making of an adoption order under subsection (2)(b) without the court’s leave.
The second condition is that—
the child has been placed for adoption by an adoption agency with the prospective adopters in whose favour the order is proposed to be made,
either—
the child was placed for adoption with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old, or
the child was placed for adoption under a placement order, and
no parent or guardian opposes the making of the adoption order.
A parent or guardian may not oppose the making of an adoption order under the second condition without the court’s leave.
The third condition is that the child—
is the subject of a Scottish permanence order which includes provision granting authority for the child to be adopted, or
is free for adoption by virtue of an order made, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).
The court cannot give leave under subsection (3) or (5) unless satisfied that there has been a change in circumstances since the consent of the parent or guardian was given or, as the case may be, the placement order was made.
An adoption order may not be made in relation to a person who is or has been married.
An adoption order may not be made in relation to a person who has attained the age of 19 years.
An adoption order may not be made in relation to a person who is or has been a civil partner.
In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 (S.S.I. 2009/267)).
The court may not hear an application for an adoption order in relation to a child, where a previous application to which subsection (2) applies made in relation to the child by the same persons was refused by any court, unless it appears to the court that, because of a change in circumstances or for any other reason, it is proper to hear the application.
This subsection applies to any application—
for an adoption order or a Scottish or Northern Irish adoption order, or
for an order for adoption made in the Isle of Man or any of the Channel Islands.
An application for an adoption order may be made by— but only if it is made under section 50 or 51 and one of the following conditions is met.
a couple, or
one person,
The first condition is that at least one of the couple (in the case of an application under section 50) or the applicant (in the case of an application under section 51) is domiciled in a part of the British Islands.
The second condition is that both of the couple (in the case of an application under section 50) or the applicant (in the case of an application under section 51) have been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of the application.
An application for an adoption order may only be made if the person to be adopted has not attained the age of 18 years on the date of the application.
References in this Act to a child, in connection with any proceedings (whether or not concluded) for adoption, (such as “child to be adopted” or “adopted child”) include a person who has attained the age of 18 years before the proceedings are concluded.
An adoption order may be made on the application of a couple where both of them have attained the age of 21 years.
An adoption order may be made on the application of a couple where—
one of the couple is the mother or the father of the person to be adopted and has attained the age of 18 years, and
the other has attained the age of 21 years.
An adoption order may be made on the application of one person who has attained the age of 21 years and is not married or a civil partner.
An adoption order may be made on the application of one person who has attained the age of 21 years if the court is satisfied that the person is the partner of a parent of the person to be adopted.
An adoption order may be made on the application of one person who has attained the age of 21 years and is married if the court is satisfied that—
the person’s spouse cannot be found,
the spouses have separated and are living apart, and the separation is likely to be permanent, or
the person’s spouse is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.
An adoption order may not be made on an application under this section by the mother or the father of the person to be adopted unless the court is satisfied that— and, where the court makes an adoption order on such an application, the court must record that it is satisfied as to the fact mentioned in paragraph (a) or (b) or, in the case of paragraph (c), record the reason.
the other natural parent is dead or cannot be found,
by virtue of the provisions specified in subsection (5), there is no other parent, or
there is some other reason justifying the child’s being adopted by the applicant alone,
An adoption order may be made on the application of one person who has attained the age of 21 years and is a civil partner if the court is satisfied that—
the person’s civil partner cannot be found,
the civil partners have separated and are living apart, and the separation is likely to be permanent, or
the person’s civil partner is by reason of ill-health, whether physical or mental, incapable of making an application for an adoption order.
The provisions referred to in subsection (4)(b) are—
section 28 of the Human Fertilisation and Embryology Act 1990 (disregarding subsections (5A) to (5I) of that section), or
sections 34 to 47 of the Human Fertilisation and Embryology Act 2008 (disregarding sections 39, 40 and 46 of that Act).
The court cannot dispense with the consent of any parent or guardian of a child to the child being placed for adoption or to the making of an adoption order in respect of the child unless the court is satisfied that—
the parent or guardian cannot be found or lacks capacity (within the meaning of the Mental Capacity Act 2005) to give consent, or
the welfare of the child requires the consent to be dispensed with.
The following provisions apply to references in this Chapter to any parent or guardian of a child giving or withdrawing—
consent to the placement of a child for adoption, or
consent to the making of an adoption order (including a future adoption order).
Any consent given by the mother to the making of an adoption order is ineffective if it is given less than six weeks after the child’s birth.
The withdrawal of any consent to the placement of a child for adoption, or of any consent given under section 20, is ineffective if it is given after an application for an adoption order is made.
“Consent” means consent given unconditionally and with full understanding of what is involved; but a person may consent to adoption without knowing the identity of the persons in whose favour the order will be made.
“Parent” (except in subsections (9) and (10) below) means a parent having parental responsibility.
Consent under section 19 or 20 must be given in the form prescribed by rules, and the rules may prescribe forms in which a person giving consent under any other provision of this Part may do so (if he wishes).
Consent given under section 19 or 20 must be withdrawn—
in the form prescribed by rules, or
by notice given to the agency.
Subsection (10) applies if—
an agency has placed a child for adoption under section 19 in pursuance of consent given by a parent of the child, and
at a later time, the other parent of the child acquires parental responsibility for the child.
The other parent is to be treated as having at that time given consent in accordance with this section in the same terms as those in which the first parent gave consent.
Where— regulations may provide for the following provisions ... to apply with modifications, or not to apply, in relation to the child.
a local authority are authorised to place a child for adoption, or
a child who has been placed for adoption by a local authority is less than six weeks old,
The provisions are—
section 22(4)(b), (c) and (d) and (5)(b) of the 1989 Act (duty to ascertain wishes and feelings of certain persons);
sections 6(4)(b) and 78(3)(a) of the 2014 Act (duty to ascertain wishes and feelings of certain persons);
paragraphs 15 and 21 of Schedule 2 to the 1989 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance);
section 95 of and paragraph 1 of Schedule 1 to the 2014 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance).
Where a registered adoption society is authorised to place a child for adoption or a child who has been placed for adoption by a registered adoption society is less than six weeks old, regulations may provide—
for section 61 of the 1989 Act to have effect in relation to the child whether or not he is accommodated by or on behalf of the society,
for subsections (2)(b) to (d) and (3)(b) of that section (duty to ascertain wishes and feelings of certain persons) to apply with modifications, or not to apply, in relation to the child.
Where a child’s home is with persons who have given notice of intention to adopt, no contribution is payable (whether under a contribution order or otherwise) under Part 3 of Schedule 2 to the 1989 Act (contributions towards maintenance of children looked after by local authorities) or under Schedule 1 to the 2014 Act (contributions towards maintenance of looked after children) in respect of the period referred to in subsection (5).
That period begins when the notice of intention to adopt is given and ends if—
the period of four months beginning with the giving of the notice expires without the prospective adopters applying for an adoption order, or
an application for such an order is withdrawn or refused.
In this section, “notice of intention to adopt” includes notice of intention to apply for a Scottish or Northern Irish adoption order.
Regulations under section 9 may require adoption agencies in prescribed circumstances to disclose in accordance with the regulations prescribed information to prospective adopters.
Where any child adopted by one natural parent as sole adoptive parent subsequently becomes a legitimated person on the marriage of, or formation of a civil partnership by, the natural parents, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke the order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where—
an adoption agency has placed or was authorised to place a child for adoption, and
the court is making or has made an adoption order in respect of the child.
When making the adoption order or at any time afterwards, the court may make an order under this section—
requiring the person in whose favour the adoption order is or has been made to allow the child to visit or stay with the person named in the order under this section, or for the person named in that order and the child otherwise to have contact with each other, or
prohibiting the person named in the order under this section from having contact with the child.
The following people may be named in an order under this section—
any person who (but for the child's adoption) would be related to the child by blood (including half-blood), marriage or civil partnership;
any former guardian of the child;
any person who had parental responsibility for the child immediately before the making of the adoption order;
any person who was entitled to make an application for an order under section 26 in respect of the child (contact with children placed or to be placed for adoption) by virtue of subsection (3)(c), (d) or (e) of that section;
any person with whom the child has lived for a period of at least one year.
An application for an order under this section may be made by—
a person who has applied for the adoption order or in whose favour the adoption order is or has been made,
the child, or
any person who has obtained the court's leave to make the application.
In deciding whether to grant leave under subsection (4)(c), the court must consider—
any risk there might be of the proposed application disrupting the child's life to such an extent that he or she would be harmed by it (within the meaning of the 1989 Act),
the applicant's connection with the child, and
any representations made to the court by—
the child, or
a person who has applied for the adoption order or in whose favour the adoption order is or has been made.
When making an adoption order, the court may on its own initiative make an order of the type mentioned in subsection (2)(b).
The period of one year mentioned in subsection (3)(e) need not be continuous but must not have begun more than five years before the making of the application.
Where this section applies, an order under section 8 of the 1989 Act may not make provision about contact between the child and any person who may be named in an order under this section.
An order under section 51A—
may contain directions about how it is to be carried into effect,
may be made subject to any conditions the court thinks appropriate,
may be varied or revoked by the court on an application by the child, a person in whose favour the adoption order was made or a person named in the order, and
has effect until the child's 18th birthday, unless revoked.
Subsection (3) applies to proceedings—
on an application for an adoption order in which—
an application is made for an order under section 51A, or
the court indicates that it is considering making such an order on its own initiative;
on an application for an order under section 51A;
on an application for such an order to be varied or revoked.
The court must (in the light of any rules made by virtue of subsection (4))—
draw up a timetable with a view to determining without delay whether to make, (or as the case may be) vary or revoke an order under section 51A, and
give directions for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.
Rules of court may—
specify periods within which specified steps must be taken in relation to proceedings to which subsection (3) applies, and
make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that the court makes determinations about orders under section 51A without delay.
In relation to an adopted person, regulations may prescribe—
the information which an adoption agency must keep in relation to his adoption,
the form and manner in which it must keep that information.
Below in this group of sections (that is, this section and sections 57 to 65), any information kept by an adoption agency by virtue of subsection (1)(a) is referred to as section 56 information.
Regulations may provide for the transfer in prescribed circumstances of information held, or previously held, by an adoption agency to another adoption agency.
Any section 56 information kept by an adoption agency which— may only be disclosed by the agency to a person (other than the person the information is about) in pursuance of this group of sections.
is about an adopted person or any other person, and
is or includes identifying information about the person in question,
Any information kept by an adoption agency— may only be disclosed to a person by the agency in pursuance of this group of sections.
which the agency has obtained from the Registrar General on an application under section 79(5) and any other information which would enable the adopted person to obtain a certified copy of the record of his birth, or
which is information about an entry relating to the adopted person in the Adoption Contact Register,
In this group of sections, information the disclosure of which to a person is restricted by virtue of subsection (1) or (2) is referred to (in relation to him) as protected information.
Identifying information about a person means information which, whether taken on its own or together with other information disclosed by an adoption agency, identifies the person or enables the person to be identified.
This section does not prevent the disclosure of protected information in pursuance of a prescribed agreement to which the adoption agency is a party.
Regulations may authorise or require an adoption agency to disclose protected information to a person who is not an adopted person.
This section applies to any section 56 information other than protected information.
An adoption agency may for the purposes of its functions disclose to any person in accordance with prescribed arrangements any information to which this section applies.
An adoption agency must, in prescribed circumstances, disclose prescribed information to a prescribed person.
Regulations may provide that a registered adoption society which discloses any information in contravention of section 57 is to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
This section applies to an adopted person who has attained the age of 18 years.
The adopted person has the right, at his request, to receive from the appropriate adoption agency—
any information which would enable him to obtain a certified copy of the record of his birth, unless the High Court or family court orders otherwise,
any prescribed information disclosed to the adopters by the agency by virtue of section 54.
The High Court or family court may make an order under subsection (2)(a), on an application by the appropriate adoption agency, if satisfied that the circumstances are exceptional.
The adopted person also has the right, at his request, to receive from the court which made the adoption order a copy of any prescribed document or prescribed order relating to the adoption.
Subsection (4) does not apply to a document or order so far as it contains information which is protected information.
This section applies where—
a person applies to the appropriate adoption agency for protected information to be disclosed to him, and
none of the information is about a person who is a child at the time of the application.
The agency is not required to proceed with the application unless it considers it appropriate to do so.
If the agency does proceed with the application it must take all reasonable steps to obtain the views of any person the information is about as to the disclosure of the information about him.
The agency may then disclose the information if it considers it appropriate to do so.
In deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider— and all the other circumstances of the case.
the welfare of the adopted person,
any views obtained under subsection (3),
any prescribed matters,
This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).
This section applies where—
a person applies to the appropriate adoption agency for protected information to be disclosed to him, and
any of the information is about a person who is a child at the time of the application.
The agency is not required to proceed with the application unless it considers it appropriate to do so.
If the agency does proceed with the application, then, so far as the information is about a person who is at the time a child, the agency must take all reasonable steps to obtain— as to the disclosure of the information.
the views of any parent or guardian of the child, and
the views of the child, if the agency considers it appropriate to do so having regard to his age and understanding and to all the other circumstances of the case,
And, so far as the information is about a person who has at the time attained the age of 18 years, the agency must take all reasonable steps to obtain his views as to the disclosure of the information.
The agency may then disclose the information if it considers it appropriate to do so.
In deciding whether it is appropriate to proceed with the application, or disclose the information, where any of the information is about a person who is at the time a child—
if the child is an adopted child, the child’s welfare must be the paramount consideration,
in the case of any other child, the agency must have particular regard to the child’s welfare.
And, in deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider— and all the other circumstances of the case.
the welfare of the adopted person (where subsection (6)(a) does not apply),
any views obtained under subsection (3) or (4),
any prescribed matters,
This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).
Regulations may require adoption agencies to give information about the availability of counselling to persons—
seeking information from them in pursuance of this group of sections,
considering objecting or consenting to the disclosure of information by the agency in pursuance of this group of sections, or
considering entering with the agency into an agreement prescribed for the purposes of section 57(5).
Regulations may require adoption agencies to make arrangements to secure the provision of counselling for persons seeking information from them in prescribed circumstances in pursuance of this group of sections.
The regulations may authorise adoption agencies—
to disclose information which is required for the purposes of such counselling to the persons providing the counselling,
where the person providing the counselling is outside the United Kingdom, to require a prescribed fee to be paid.
The regulations may require any of the following persons to provide counselling for the purposes of arrangements under subsection (2)—
a local authority, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) or a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)),
a registered adoption society, an organisation within section 144(3)(b) or an appropriate voluntary organisation within the meaning of Article 2(2) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),
in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
Regulations may make provision for the purposes of this group of sections, including provision as to—
the performance by adoption agencies of their functions,
the manner in which information may be received, and
the matters mentioned below in this section.
Regulations may prescribe—
the manner in which agreements made by virtue of section 57(5) are to be recorded,
the information to be provided by any person on an application for the disclosure of information under this group of sections.
Regulations may require adoption agencies—
to give to prescribed persons prescribed information about the rights or opportunities to obtain information, or to give their views as to its disclosure, given by this group of sections,
to seek prescribed information from, or give prescribed information to, the Registrar General in prescribed circumstances.
Regulations may require the Registrar General—
to disclose to any person (including an adopted person) at his request any information which the person requires to assist him to make contact with the adoption agency which is the appropriate adoption agency in the case of an adopted person specified in the request (or, as the case may be, in the applicant’s case),
to disclose to the appropriate adoption agency any information which the agency requires about any entry relating to the adopted person on the Adoption Contact Register.
Regulations may provide for the payment of a prescribed fee in respect of the disclosure in prescribed circumstances of any information in pursuance of section 60, 61 or 62; but an adopted person may not be required to pay any fee in respect of any information disclosed to him in relation to any person who (but for his adoption) would be related to him by blood (including half-blood) , marriage or civil partnership.
Regulations may provide for the payment of a prescribed fee by an adoption agency obtaining information under subsection (4)(b).
In this group of sections—
“appropriate adoption agency”, in relation to an adopted person or to information relating to his adoption, means—
“regulations” means regulations under section 9,
The court by which an adoption order has been made may, on the application of the adopter or the adopted person, amend the order by the correction of any error in the particulars contained in it. The court by which an adoption order has been made may, if satisfied on the application of the adopter or the adopted person that within the period of one year beginning with the date of the order any new name— either in place of or in addition to a name specified in the particulars required to be entered in the Adopted Children Register in pursuance of the order, amend the order by substituting or, as the case may be, adding that name in those particulars. The court by which an adoption order has been made may, if satisfied on the application of any person concerned that a direction for the marking of an entry in the registers of live-births, the Adopted Children Register or other records included in the order in pursuance of paragraph 1(2) or (3) was wrongly so included, revoke that direction. Where an adoption order is amended or a direction revoked under sub-paragraphs (1) to (3), the prescribed officer of the court must communicate the amendment in the prescribed manner to the Registrar General. “Prescribed” means prescribed by rules. The Registrar General must then— as the case may be. Where an adoption order is quashed or an appeal against an adoption order allowed by any court, the court must give directions to the Registrar General to secure that— is cancelled. Where an adoption order has been amended, any certified copy of the relevant entry in the Adopted Children Register which may be issued pursuant to section 78(2)(b) must be a copy of the entry as amended, without the reproduction of— A copy or extract of an entry in any register or other record, being an entry the marking of which has been cancelled, is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it. If the Registrar General is satisfied— he may secure that such alterations are made in those registers or other records as he considers are required in consequence of the adoption ceasing to have effect or to correct the error. “Overseas register of births” has the same meaning as in paragraph 3. Where an entry in such a register is amended in pursuance of sub-paragraph (9), any copy or extract of the entry is not to be treated as accurate unless it shows the entry as amended but without indicating that it has been amended.
But—
regulations under section 63(2) imposing any requirement on a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), or an organisation within section 144(3)(b), are to be made by the Scottish Ministers,
regulations under section 63(2) imposing any requirement on a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)), or an appropriate voluntary organisation within the meaning of Article 2(2) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)), are to be made by the Department of Health, Social Services and Public Safety.
The power of the Scottish Ministers or of the Department of Health, Social Services and Public Safety to make regulations under section 63(2) includes power to make— which the person making the regulations considers necessary or expedient.
any supplementary, incidental or consequential provision,
any transitory, transitional or saving provision,
Regulations prescribing any fee by virtue of section 64(6) require the approval of the Chancellor of the Exchequer.
Regulations making any provision as to the manner in which any application is to be made for the disclosure of information by the Registrar General require his approval.
In this Chapter “adoption” means— and related expressions are to be interpreted accordingly.
adoption by an adoption order or a Scottish or Northern Irish adoption order,
adoption by an order made in the Isle of Man or any of the Channel Islands,
an adoption effected under the law of a Convention country outside the British Islands, and certified in pursuance of Article 23(1) of the Convention (referred to in this Act as a “Convention adoption”),
an overseas adoption, or
an adoption recognised by the law of England and Wales and effected under the law of any other country;
But references in this Chapter to adoption do not include an adoption effected before the day on which this Chapter comes into force (referred to in this Chapter as “the appointed day”).
Any reference in an enactment to an adopted person within the meaning of this Chapter includes a reference to an adopted child within the meaning of Part 4 of the Adoption Act 1976 (c. 36).
An adopted person is to be treated in law as if born as the child of the adopters or adopter.
An adopted person is the legitimate child of the adopters or adopter and, if adopted by— is to be treated as the child of the relationship of the couple in question.
a couple, or
one of a couple under section 51(2),
An adopted person— but this subsection does not affect any reference in this Act to a person’s natural parent or to any other natural relationship.
if adopted by one of a couple under section 51(2), is to be treated in law as not being the child of any person other than the adopter and the other one of the couple, and
in any other case, is to be treated in law, subject to subsection (4), as not being the child of any person other than the adopters or adopter;
In the case of a person adopted by one of the person’s natural parents as sole adoptive parent, subsection (3)(b) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship.
This section has effect from the date of the adoption.
Subject to the provisions of this Chapter and Schedule 4, this section—
applies for the interpretation of enactments or instruments passed or made before as well as after the adoption, and so applies subject to any contrary indication, and
has effect as respects things done, or events occurring, on or after the adoption.
A relationship existing by virtue of section 67 may be referred to as an adoptive relationship, and—
an adopter may be referred to as an adoptive parent or (as the case may be) as an adoptive father or adoptive mother,
any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree.
Subsection (1) does not affect the interpretation of any reference, not qualified by the word “adoptive”, to a relationship.
A reference (however expressed) to the adoptive mother and father of a child adopted by— is to be read as a reference to the child’s adoptive parents.
a couple of the same sex, or
a partner of the child’s parent, where the couple are of the same sex,
The rules of interpretation contained in this section apply (subject to any contrary indication and to Schedule 4) to any instrument so far as it contains a disposition of property.
In applying section 67(1) and (2) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition is to be interpreted as if— but this does not affect any reference to a person’s age.
the adopted person had been born on the date of adoption,
two or more people adopted on the same date had been born on that date in the order of their actual births;
Examples of phrases in wills on which subsection (2) can operate are— 1. Children of A “living at my death or born afterwards”. 2. Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest and who attain the age of 21 years”. 3. As in example 1 or 2, but referring to grandchildren of A instead of children of A. 4. A for life “until he has a child”, and then to his child or children. Note. Subsection (2) will not affect the reference to the age of 21 years in example 2.
Section 67(3) does not prejudice— “Qualifying interest” means an interest vested in possession in the adopted person before the adoption.
any qualifying interest, ...
any interest expectant (whether immediately or not) upon a qualifying interest, or
the council of any district comprised in an area for which there is no county council,
In section 38 of the Adoption Act 1976 (meaning of “adoption” in Part 4), in subsection (2), after “1975” there is inserted “ but does not include an adoption of a kind mentioned in paragraphs (c) to (e) of subsection (1) effected on or after the day which is the appointed day for the purposes of Chapter 4 of Part 1 of the Adoption and Children Act 2002 ”.
In Article 2(2) (interpretation), in the definition of “prescribed”, for “Articles 54” there is substituted “ Articles 53(3B) and (3D), 54 ”.
In section 12(5) of the Criminal Justice and Court Services Act 2000 (meaning of “family proceedings” in relation to CAFCASS), paragraph (b) (supervision orders under the 1989 Act) and the preceding “and” are omitted.
any contingent interest (other than a contingent interest in remainder) which the adopted person has immediately before the adoption in the estate of a deceased parent, whether testate or intestate.
Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child—
it must be presumed that once a woman has attained the age of 55 years she will not adopt a person after execution of the instrument, and
if she does so, then (in spite of section 67) that person is not to be treated as her child or (if she does so as one of a couple) as the child of the other one of the couple for the purposes of the instrument.
In this section, “instrument” includes a private Act settling property, but not any other enactment.
Where a disposition depends on the date of birth of a person who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, section 69(2) does not affect entitlement by virtue of Part 3 of the Family Law Reform Act 1987 (c. 42) (dispositions of property).
Subsection (1) applies for example where—
a testator dies in 2001 bequeathing a legacy to his eldest grandchild living at a specified time,
his unmarried daughter has a child in 2002 who is the first grandchild,
his married son has a child in 2003,
subsequently his unmarried daughter adopts her child as sole adoptive parent. In that example the status of the daughter’s child as the eldest grandchild of the testator is not affected by the events described in paragraphs (c) and (d).
An adoption does not affect the descent of any peerage or dignity or title of honour.
An adoption does not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour.
Subsection (2) applies only if and so far as a contrary intention is not expressed in the instrument, and has effect subject to the terms of the instrument.
A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether any adoption has been effected or revoked if that fact could affect entitlement to the property.
A trustee or personal representative is not liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution.
This section does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.
This section applies for the purposes of this Chapter.
A disposition includes the conferring of a power of appointment and any other disposition of an interest in or right over property; and in this subsection a power of appointment includes any discretionary power to transfer a beneficial interest in property without the furnishing of valuable consideration.
This Chapter applies to an oral disposition as if contained in an instrument made when the disposition was made.
The date of death of a testator is the date at which a will or codicil is to be regarded as made.
The provisions of the law of intestate succession applicable to the estate of a deceased person are to be treated as if contained in an instrument executed by him (while of full capacity) immediately before his death.
Section 67 does not apply for the purposes of—
section 1 of and Schedule 1 to the Marriage Act 1949 or Schedule 1 to the Civil Partnership Act 2004 (prohibited degrees of kindred and affinity), or
sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative).
section 54 of the Criminal Law Act 1977 (c. 45) (inciting a girl to commit incest).
Section 67 does not apply for the purposes of any provision of—
the British Nationality Act 1981 (c. 61),
the Immigration Act 1971 (c. 77),
any instrument having effect under an enactment within paragraph (a) or (b), or
any other provision of the law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.
Section 67(3) does not affect entitlement to a pension which is payable to or for the benefit of a person and is in payment at the time of the person’s adoption.
Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial insurance company for the payment on the death of the child of money for funeral expenses, then—
the rights and liabilities under the policy are by virtue of the adoption transferred to the adoptive parents, and
for the purposes of the enactments relating to such societies and companies, the adoptive parents are to be treated as the person who took out the policy.
Where the adoption is effected by an order made by virtue of section 51(2), the references in subsection (1) to the adoptive parents are to be read as references to the adopter and the other one of the couple.
The Registrar General must continue to maintain in the General Register Office a register, to be called the Adopted Children Register.
The Adopted Children Register is not to be open to public inspection or search.
No entries may be made in the Adopted Children Register other than entries—
directed to be made in it by adoption orders, or
required to be made under Schedule 1.
A certified copy of an entry in the Adopted Children Register, if purporting to be sealed or stamped with the seal of the General Register Office, is to be received as evidence of the adoption to which it relates without further or other proof.
Where an entry in the Adopted Children Register contains a record— a certified copy of the entry is also to be received, without further or other proof, as evidence of that date, or country or district and sub-district, (as the case may be) in all respects as if the copy were a certified copy of an entry in the registers of live-births.
of the date of birth of the adopted person, or
of the country, or the district and sub-district, of the birth of the adopted person,
Schedule 1 (registration of adoptions and the amendment of adoption orders) is to have effect.
The Registrar General must continue to maintain at the General Register Office an index of the Adopted Children Register.
Any person may—
search the index,
have a certified copy of any entry in the Adopted Children Register.
But a person is not entitled to have a certified copy of an entry in the Adopted Children Register relating to an adopted person who has not attained the age of 18 years unless the applicant has provided the Registrar General with the prescribed particulars. “Prescribed” means prescribed by regulations made by the Registrar General with the approval of the Secretary of State.
The terms, conditions and regulations as to payment of fees, and otherwise, applicable under the Births and Deaths Registration Act 1953 (c. 20), and the Registration Service Act 1953 (c. 37), in respect of— also apply in respect of searches, and supplies of certified copies, under subsection (2).
searches in the index kept in the General Register Office of certified copies of entries in the registers of live-births,
the supply from that office of certified copies of entries in those certified copies,
The Registrar General must make traceable the connection between any entry in the registers of live-births or other records which has been marked “Adopted” and any corresponding entry in the Adopted Children Register.
Information kept by the Registrar General for the purposes of subsection (1) is not to be open to public inspection or search.
Any such information, and any other information which would enable an adopted person to obtain a certified copy of the record of his birth, may only be disclosed by the Registrar General in accordance with this section.
In relation to a person adopted before the appointed day the court may, in exceptional circumstances, order the Registrar General to give any information mentioned in subsection (3) to a person.
On an application made in the prescribed manner by the appropriate adoption agency in respect of an adopted person a record of whose birth is kept by the Registrar General, the Registrar General must give the agency any information relating to the adopted person which is mentioned in subsection (3). “Appropriate adoption agency” has the same meaning as in section 65.
In relation to a person adopted before the appointed day, Schedule 2 applies instead of subsection (5).
On an application made in the prescribed manner by an adopted person a record of whose birth is kept by the Registrar General and who— the Registrar General must inform the applicant whether or not it appears from information contained in the registers of live-births or other records that the applicant and the intended spouse or civil partner may be within the prohibited degrees of relationship for the purposes of the Marriage Act 1949 (c. 76) or for the purposes of the Civil Partnership Act 2004 (c. 33).
is under the age of 18 years, and
intends to be married or form a civil partnership,
Before the Registrar General gives any information by virtue of this section, any prescribed fee which he has demanded must be paid.
In this section—
“Scottish adoption order” means an order made, or having effect as if made, under section 12 of the Adoption (Scotland) Act 1978 (c. 28),
“voluntary organisation” means a body other than a public or local authority the activities of which are not carried on for profit.
In section 10 of the Births and Deaths Registration Act 1953 (registration of father where parents not married)—
in subsection (1)(d)(i), for “a parental responsibility agreement made between them in relation to the child” there is substituted “ any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child ”,
in subsection (1)(d)(ii), for “the Children Act 1989” there is substituted “ that Act ”,
in subsection (3), the words following “the Family Law Reform Act 1987” are omitted.
In section 115 of the Police Act 1997 (enhanced criminal records), in subsection (5)(h), for “section 11 of the Adoption Act 1976” there is substituted “ section 2 of the Adoption and Children Act 2002 ”.
In section 10A of the Births and Deaths Registration Act 1953 (re-registration of father where parents not married)—
in subsection (1)(d)(i), for “a parental responsibility agreement made between them in relation to the child” there is substituted “ any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child ”,
in subsection (1)(d)(ii), for “the Children Act 1989” there is substituted “ that Act ”.
“appointed day” means the day appointed for the commencement of sections 56 to 65,
The Registrar General must continue to maintain at the General Register Office in accordance with regulations a register in two Parts to be called the Adoption Contact Register.
Part 1 of the register is to contain the prescribed information about adopted persons who have given the prescribed notice expressing their wishes as to making contact with their relatives.
The Registrar General may only make an entry in Part 1 of the register for an adopted person—
a record of whose birth is kept by the Registrar General,
who has attained the age of 18 years, and
who the Registrar General is satisfied has such information as is necessary to enable him to obtain a certified copy of the record of his birth.
Part 2 of the register is to contain the prescribed information about persons who have given the prescribed notice expressing their wishes, as relatives of adopted persons, as to making contact with those persons.
The Registrar General may only make an entry in Part 2 of the register for a person—
who has attained the age of 18 years, and
who the Registrar General is satisfied is a relative of an adopted person and has such information as is necessary to enable him to obtain a certified copy of the record of the adopted person’s birth.
Regulations may provide for—
the disclosure of information contained in one Part of the register to persons for whom there is an entry in the other Part,
the payment of prescribed fees in respect of the making or alteration of entries in the register and the disclosure of information contained in the register.
The Adoption Contact Register is not to be open to public inspection or search.
In section 80, “relative”, in relation to an adopted person, means any person who (but for his adoption) would be related to him by blood (including half-blood) , marriage or civil partnership.
The Registrar General must not give any information entered in the register to any person except in accordance with subsection (6)(a) of that section or regulations made by virtue of section 64(4)(b).
In section 80, “regulations” means regulations made by the Registrar General with the approval of the Secretary of State, and “prescribed” means prescribed by such regulations.
In this Chapter—
Any register, record or index maintained under this Chapter may be maintained in any form the Registrar General considers appropriate; and references (however expressed) to entries in such a register, or to their amendment, marking or cancellation, are to be read accordingly.
This section applies where a person who is habitually resident in the British Islands (the “British resident”)—
brings, or causes another to bring, a child who is habitually resident outside the British Islands into the United Kingdom for the purpose of adoption by the British resident, or
at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of twelve months ending with that time. The references to adoption, or to a child adopted, by the British resident include a reference to adoption, or to a child adopted, by the British resident and another person.
But this section does not apply if the child is intended to be adopted under a Convention adoption order.
An external adoption means an adoption, other than a Convention adoption, of a child effected under the law of any country or territory outside the British Islands, whether or not the adoption is—
an adoption within the meaning of Chapter 4, or
a full adoption (within the meaning of section 88(3)).
Regulations may require a person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where this section applies—
to apply to an adoption agency (including a Scottish or Northern Irish adoption agency) in the prescribed manner for an assessment of his suitability to adopt the child, and
to give the agency any information it may require for the purpose of the assessment.
Regulations may require prescribed conditions to be met in respect of a child brought into the United Kingdom in circumstances where this section applies.
In relation to a child brought into the United Kingdom for adoption in circumstances where this section applies, regulations may—
provide for any provision of Chapter 3 to apply with modifications or not to apply,
if notice of intention to adopt has been given, impose functions in respect of the child on the local authority to which the notice was given.
If a person brings, or causes another to bring, a child into the United Kingdom at any time in circumstances where this section applies, he is guilty of an offence if— before that time, or before any later time which may be prescribed.
he has not complied with any requirement imposed by virtue of subsection (4), or
any condition required to be met by virtue of subsection (5) is not met,
A person guilty of an offence under this section is liable—
on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both,
on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.
In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State, after consultation with the Assembly.
The High Court may, on an application by persons who the court is satisfied intend to adopt a child under the law of a country or territory outside the British Islands, make an order giving parental responsibility for the child to them.
An order under this section may not give parental responsibility to persons who the court is satisfied meet those requirements as to domicile, or habitual residence, in England and Wales which have to be met if an adoption order is to be made in favour of those persons.
An order under this section may not be made unless any requirements prescribed by regulations are satisfied.
An application for an order under this section may not be made unless at all times during the preceding ten weeks the child’s home was with the applicant or, in the case of an application by two people, both of them.
Section 46(2) to (4) has effect in relation to an order under this section as it has effect in relation to adoption orders.
Regulations may provide for any provision of this Act which refers to adoption orders to apply, with or without modifications, to orders under this section.
In this section, “regulations” means regulations made by the Secretary of State, after consultation with the Assembly.
A child who— must not be removed from the United Kingdom to a place outside the British Islands for the purpose of adoption unless the condition in subsection (2) is met.
is a Commonwealth citizen, or
is habitually resident in the United Kingdom,
The condition is that—
the prospective adopters have parental responsibility for the child by virtue of an order under section 84, or
the child is removed under the authority of an order under section 59 of the Adoption and Children (Scotland) Act 2007 (asp 4) or Article 57 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).
Removing a child from the United Kingdom includes arranging to do so; and the circumstances in which a person arranges to remove a child from the United Kingdom include those where he—
enters into an arrangement for the purpose of facilitating such a removal of the child,
initiates or takes part in any negotiations of which the purpose is the conclusion of an arrangement within paragraph (a), or
causes another person to take any step mentioned in paragraph (a) or (b). An arrangement includes an agreement (whether or not enforceable).
A person who removes a child from the United Kingdom in contravention of subsection (1) is guilty of an offence.
A person is not guilty of an offence under subsection (4) of causing a person to take any step mentioned in paragraph (a) or (b) of subsection (3) unless it is proved that he knew or had reason to suspect that the step taken would contravene subsection (1). But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.
A person guilty of an offence under this section is liable—
on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both,
on conviction on indictment, to imprisonment for a term not exceeding twelve months, or a fine, or both.
In any proceedings under this section—
a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer is admissible, upon proof that the officer or the deponent cannot be found in the United Kingdom, as evidence of the matters stated in it, and
it is not necessary to prove the signature or official character of the person who appears to have signed any such report or deposition.
Regulations may provide for section 83 not to apply if— and any prescribed conditions are met.
the adopters or (as the case may be) prospective adopters are natural parents, natural relatives or guardians of the child in question (or one of them is), or
the British resident in question is a partner of a parent of the child,
Regulations may provide for section 85(1) to apply with modifications, or not to apply, if— and any prescribed conditions are met.
the prospective adopters are parents, relatives or guardians of the child in question (or one of them is), or
the prospective adopter is a partner of a parent of the child,
On the occasion of the first exercise of the power to make regulations under this section—
the statutory instrument containing the regulations is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, and
accordingly section 140(2) does not apply to the instrument.
In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State after consultation with the Assembly.
In this Act, “overseas adoption”—
means an adoption of a description specified in an order made by the Secretary of State, being a description of adoptions effected under the law of any country or territory outside the British Islands, but
does not include a Convention adoption.
Regulations may prescribe the requirements that ought to be met by an adoption of any description effected after the commencement of the regulations for it to be an overseas adoption for the purposes of this Act.
At any time when such regulations have effect, the Secretary of State must exercise his powers under this section so as to secure that subsequently effected adoptions of any description are not overseas adoptions for the purposes of this Act if he considers that they are not likely within a reasonable time to meet the prescribed requirements.
In this section references to this Act include the Adoption Act 1976 (c. 36).
An order under this section may contain provision as to the manner in which evidence of any overseas adoption may be given.
In this section—
If the High Court is satisfied, on an application under this section, that each of the following conditions is met in the case of a Convention adoption, it may direct that section 67(3) does not apply, or does not apply to any extent specified in the direction.
The conditions are—
that under the law of the country in which the adoption was effected, the adoption is not a full adoption,
that the consents referred to in Article 4(c) and (d) of the Convention have not been given for a full adoption or that the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention),
that it would be more favourable to the adopted child for a direction to be given under subsection (1).
A full adoption is an adoption by virtue of which the child is to be treated in law as not being the child of any person other than the adopters or adopter.
In relation to a direction under this section and an application for it, sections 59 and 60 of the Family Law Act 1986 (c. 55) (declarations under Part 3 of that Act as to marital status) apply as they apply in relation to a direction under that Part and an application for such a direction.
The High Court may, on an application under this subsection, by order annul a Convention adoption or Convention adoption order on the ground that the adoption is contrary to public policy.
The High Court may, on an application under this subsection—
by order provide for an overseas adoption or a determination under section 91 to cease to be valid on the ground that the adoption or determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case, or
decide the extent, if any, to which a determination under section 91 has been affected by a subsequent determination under that section.
The High Court may, in any proceedings in that court, decide that an overseas adoption or a determination under section 91 is to be treated, for the purposes of those proceedings, as invalid on either of the grounds mentioned in subsection (2)(a).
Subject to the preceding provisions, the validity of a Convention adoption, Convention adoption order or overseas adoption or a determination under section 91 cannot be called in question in proceedings in any court in England and Wales.
Any application for an order under section 89 or a decision under subsection (2)(b) or (3) of that section must be made in the prescribed manner and within any prescribed period. “Prescribed” means prescribed by rules.
“rules” means Family Procedure Rules made by virtue of section 141(1),
Sub-paragraphs (2) and (3) apply where the Registrar General is notified by the authority maintaining a register of adoptions in a part of the British Islands outside England and Wales that an order has been made in that part authorising the adoption of a child. If an entry in the registers of live-births or other records (and no entry in the Adopted Children Register) relates to the child, the Registrar General must secure that the entry is marked with— If an entry in the Adopted Children Register relates to the child, the Registrar General must mark the entry with— Where, after an entry in either of the registers or other records mentioned in sub-paragraphs (2) and (3) has been so marked, the Registrar General is notified by the authority concerned that— the Registrar General must secure that the marking is cancelled. A copy or extract of an entry in any register or other record, being an entry the marking of which is cancelled under sub-paragraph (4), is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.
No application may be made under section 89(1) in respect of an adoption unless immediately before the application is made— habitually reside in England and Wales.
the person adopted, or
the adopters or adopter,
In deciding in pursuance of section 89 whether such an authority as is mentioned in section 91 was competent to entertain a particular case, a court is bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to entertain the case.
Subsection (2) applies where any authority of a Convention country (other than the United Kingdom) or of the Channel Islands, the Isle of Man or any British overseas territory has power under the law of that country or territory—
to authorise, or review the authorisation of, an adoption order made in that country or territory, or
to give or review a decision revoking or annulling such an order or a Convention adoption.
If the authority makes a determination in the exercise of that power, the determination is to have effect for the purpose of effecting, confirming or terminating the adoption in question or, as the case may be, confirming its termination.
Subsection (2) is subject to section 89 and to any subsequent determination having effect under that subsection.
This section applies to adoptions to which—
section 83 applies, or
regulations made under section 1 of the Adoption (Intercountry Aspects) Act 1999 apply.
The Secretary of State may charge a fee to adopters for services provided or to be provided by him in relation to adoptions to which this section applies.
The Assembly may charge a fee to adopters for services provided or to be provided by it as the Central Authority in relation to adoptions to which this section applies by virtue of subsection (1)(b).
The Secretary of State and the Assembly may determine the level of fee as he or it sees fit, and may in particular—
charge a flat fee or charge different fees in different cases or descriptions of case, and
in any case or description of case, waive a fee.
But the Secretary of State and the Assembly must each secure that, taking one financial year with another, the income from fees under this section does not exceed the total cost to him or, as the case may be, to it of providing the services in relation to which the fees are imposed.
In this section— references to adoptions and adopters include prospective adoptions and prospective adopters, “Central Authority” is to be construed in accordance with section 2 of the Adoption (Intercountry Aspects) Act 1999, “financial year” means a period of twelve months ending with 31st March.
A person who is neither an adoption agency nor acting in pursuance of an order of the High Court or the family court must not take any of the steps mentioned in subsection (2).
The steps are—
asking a person other than an adoption agency to provide a child for adoption,
asking a person other than an adoption agency to provide prospective adopters for a child,
offering to find a child for adoption,
offering a child for adoption to a person other than an adoption agency,
handing over a child to any person other than an adoption agency with a view to the child’s adoption by that or another person,
receiving a child handed over to him in contravention of paragraph (e),
entering into an agreement with any person for the adoption of a child, or for the purpose of facilitating the adoption of a child, where no adoption agency is acting on behalf of the child in the adoption,
initiating or taking part in negotiations of which the purpose is the conclusion of an agreement within paragraph (g),
causing another person to take any of the steps mentioned in paragraphs (a) to (h).
Subsection (1) does not apply to a person taking any of the steps mentioned in paragraphs (d), (e), (g), (h) and (i) of subsection (2) if the following condition is met.
The condition is that—
the prospective adopters are parents, relatives or guardians of the child (or one of them is), or
the prospective adopter is the partner of a parent of the child.
References to an adoption agency in subsection (2) include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances in respect of the child in question.
The Secretary of State may, after consultation with the Assembly, by order make any amendments of subsections (1) to (4), and any consequential amendments of this Act, which he considers necessary or expedient.
In this section—
“agreement” includes an arrangement (whether or not enforceable),
“prescribed” means prescribed by regulations made by the Secretary of State after consultation with the Assembly.
If a person contravenes section 92(1), he is guilty of an offence; and, if that person is an adoption society, the person who manages the society is also guilty of the offence.
A person is not guilty of an offence under subsection (1) of taking the step mentioned in paragraph (f) of section 92(2) unless it is proved that he knew or had reason to suspect that the child was handed over to him in contravention of paragraph (e) of that subsection.
A person is not guilty of an offence under subsection (1) of causing a person to take any of the steps mentioned in paragraphs (a) to (h) of section 92(2) unless it is proved that he knew or had reason to suspect that the step taken would contravene the paragraph in question.
But subsections (2) and (3) only apply if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine, or both.
A person who is not within a prescribed description may not, in any prescribed circumstances, prepare a report for any person about the suitability of a child for adoption or of a person to adopt a child or about the adoption, or placement for adoption, of a child. “Prescribed” means prescribed by regulations made by the Secretary of State after consultation with the Assembly.
If a person— he is guilty of an offence.
contravenes subsection (1), or
causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,
If a person who works for an adoption society— the person who manages the society is also guilty of the offence.
contravenes subsection (1), or
causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,
A person is not guilty of an offence under subsection (2)(b) unless it is proved that he knew or had reason to suspect that the report would be, or had been, prepared in contravention of subsection (1). But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
This section applies to any payment (other than an excepted payment) which is made for or in consideration of—
the adoption of a child,
giving any consent required in connection with the adoption of a child,
removing from the United Kingdom a child who is a Commonwealth citizen, or is habitually resident in the United Kingdom, to a place outside the British Islands for the purpose of adoption,
a person (who is neither an adoption agency nor acting in pursuance of an order of the High Court or family court) taking any step mentioned in section 92(2),
preparing, causing to be prepared or submitting a report the preparation of which contravenes section 94(1).
In this section and section 96, removing a child from the United Kingdom has the same meaning as in section 85.
Any person who— is guilty of an offence.
makes any payment to which this section applies,
agrees or offers to make any such payment, or
receives or agrees to receive or attempts to obtain any such payment,
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine, or both.
A payment is an excepted payment if it is made by virtue of, or in accordance with provision made by or under, this Act, the Adoption (Scotland) Act 1978 (c. 28), the Adoption and Children (Scotland) Act 2007 (asp 4) or the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).
A payment is an excepted payment if it is made to a registered adoption society by— in respect of expenses reasonably incurred by the society in connection with the adoption or proposed adoption of the child.
a parent or guardian of a child, or
a person who adopts or proposes to adopt a child,
A payment is an excepted payment if it is made in respect of any legal or medical expenses incurred or to be incurred by any person in connection with an application to a court which he has made or proposes to make for an adoption order, a placement order, or an order under section 26, 51A or 84.
A payment made as mentioned in section 95(1)(c) is an excepted payment if—
the condition in section 85(2) is met, and
the payment is made in respect of the travel and accommodation expenses reasonably incurred in removing the child from the United Kingdom for the purpose of adoption.
In sections 92 to 96—
“adoption agency” includes a Scottish or Northern Irish adoption agency,
“payment” includes reward,
references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.
Regulations under section 9 may make provision for the purpose of—
assisting persons adopted before the appointed day who have attained the age of 18 to obtain information in relation to their adoption, and
facilitating contact between such persons and their relatives.
For a purpose within subsection (1) or (1A) the regulations may confer functions on—
registered adoption support agencies,
the Registrar General,
adoption agencies.
Regulations under section 9 may make provision for the purpose of facilitating contact between persons with a prescribed relationship to a person adopted before the appointed day and that person's relatives.
For a purpose within subsection (1) or (1A) the regulations may— and may impose conditions on the disclosure of information, including conditions restricting its further disclosure.
authorise or require any person mentioned in subsection (2) to disclose information,
authorise or require the disclosure of information contained in records kept under section 8 of the Public Records Act 1958 (c. 51) (court records),
The regulations may authorise the charging of prescribed fees by any person mentioned in subsection (2) or in respect of the disclosure of information under subsection (3)(b).
An authorisation or requirement to disclose information by virtue of subsection (3)(a) has effect in spite of any restriction on the disclosure of information in Chapter 5.
The making of regulations by virtue of subsections (2) to (4) which relate to the Registrar General requires the approval of the Secretary of State.
In this section—
“regulations” means regulations made by the appropriate Minister, unless they are required to be made by the Lord Chancellor, the Secretary of State or the Registrar General,
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30),
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The following provisions of the Adoption (Intercountry Aspects) Act 1999 cease to have effect in relation to England and Wales: sections 3, 6, 8, 9 and 11 to 13.
“Northern Irish adoption order” means an order made, or having effect as if made, under Article 12 of the Adoption (Northern Ireland) Order 1987,
The Magistrates’ Courts Act 1980 is amended as follows.
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after subsection (1) there is inserted—,
in subsection (2), for the words following “conviction” there is substituted “to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both”.
Paragraph 43 of Schedule 3 does not affect the Schedule to the Child Abduction Act 1984 in its application to a child who is the subject of—
an order under section 18 of the Adoption Act 1976 freeing the child for adoption,
a pending application for such an order, or
a pending application for an order under section 12 of that Act.
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after subsection (1) there is inserted—,
in subsection (2), for the words following “conviction” there is substituted “to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both”.
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In section 71 (newspaper reports of family proceedings)—
in subsection (1), “(other than proceedings under the Adoption Act 1976)” is omitted,
in subsection (2)—
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the words following “(a) and (b)” are omitted.
In Part 1 of Schedule 6 (fees to be taken by justices’ chief executives), in the entry relating to family proceedings—
for “the Adoption Act 1976, except under section 21 of that Act”, there is substituted “ the Adoption and Children Act 2002, except under section 23 of that Act ”,
in paragraph (c), for “section 21 of the Adoption Act 1976” there is substituted “ section 23 of the Adoption and Children Act 2002 ”.
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Section 2 of that Act (accredited bodies) is amended as follows.
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In subsection (2A)—
for the words from the beginning to “2000” there is substituted “ A registered adoption society ”,
for “agency” there is substituted “ society ”.
“Northern Irish adoption agency” means an adoption agency within the meaning of Article 3 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),
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For subsection (5) there is substituted—
In subsection (6)—
the words “in its application to Scotland” are omitted,
after “expressions” there is inserted “ used in this section in its application to Scotland ”.
Section 14 (restriction on bringing children into the United Kingdom for adoption) is omitted.
In section 16(1) (devolution: Wales), the words “, or section 17 or 56A of the 1976 Act,” are omitted.
The Human Fertilisation and Embryology Act 1990 is amended as follows.
Section 86 of the Children (Scotland) Act 1995 (parental responsibilities order: general) is amended as follows.
In section 27 (meaning of mother), in subsection (2), for “child of any person other than the adopter or adopters” there is substituted “ woman’s child ”.
In subsection (3), in paragraph (a), for “section 18 (freeing for adoption) or 55 (adoption abroad) of the Adoption Act 1976” there is substituted “ section 19 (placing children with parental consent) or 84 (giving parental responsibility prior to adoption abroad) of the Adoption and Children Act 2002 ”.
In section 28 (meaning of father), in subsection (5)(c), for “child of any person other than the adopter or adopters” there is substituted “ man’s child ”.
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In section 30 (parental orders in favour of gamete donors), in subsection (10) for “Adoption Act 1976” there is substituted “ Adoption and Children Act 2002 ”.
Proceedings for an offence by virtue of section 9 or 59 may not, without the written consent of the Attorney General, be taken by any person other than Her Majesty's Chief Inspector of Education, Children's Services and Skills or the Assembly.
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Proceedings under this Act in the High Court or the family court may be heard and determined in private.
In section 12 of the Administration of Justice Act 1960 (c. 65) (publication of information relating to proceedings in private), in subsection (1)(a)(ii), after “1989” there is inserted “ or the Adoption and Children Act 2002 ”.
In section 97 of the 1989 Act (privacy for children involved in certain proceedings), after “this Act” in subsections (1) and (2) there is inserted “ or the Adoption and Children Act 2002 ”.
For the purposes of— rules must provide for the appointment in prescribed cases of an officer of the Children and Family Court Advisory and Support Service (“the Service”) or a Welsh family proceedings officer.
any relevant application,
the signification by any person of any consent to placement or adoption,
The rules may provide for the appointment of such an officer in other circumstances in which it appears to the Lord Chancellor to be necessary or expedient to do so.
The rules may provide for the officer—
to act on behalf of the child upon the hearing of any relevant application, with the duty of safeguarding the interests of the child in the prescribed manner,
where the court so requests, to prepare a report on matters relating to the welfare of the child in question,
to witness documents which signify consent to placement or adoption,
to perform prescribed functions.
A report prepared in pursuance of the rules on matters relating to the welfare of a child must—
deal with prescribed matters (unless the court orders otherwise), and
be made in the manner required by the court.
A person who— is not to be appointed under subsection (1) or (2).
in the case of an application for the making, varying or revocation of a placement order, is employed by the local authority which made the application,
in the case of an application for an adoption order in respect of a child who was placed for adoption, is employed by the adoption agency which placed him, or
is within a prescribed description,
In this section, “relevant application” means an application for—
the making, varying or revocation of a placement order,
the making of an order under section 26, or the varying or revocation of such an order,
the making of an adoption order, or
the making of an order under section 84.
Rules may make provision as to the assistance which the court may require an officer of the Service or a Welsh family proceedings officer to give to it.
In this section and section 103 “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.
Where an officer of the Service or a Welsh family proceedings officer has been appointed to act under section 102(1), he has the right at all reasonable times to examine and take copies of any records of, or held by, an adoption agency which were compiled in connection with the making, or proposed making, by any person of any application under this Part in respect of the child concerned.
Where an officer of the Service or a Welsh family proceedings officer takes a copy of any record which he is entitled to examine under this section, that copy or any part of it is admissible as evidence of any matter referred to in any—
report which he makes to the court in the proceedings in question, or
evidence which he gives in those proceedings.
Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.
If a document signifying any consent which is required by this Part to be given is witnessed in accordance with rules, it is to be admissible in evidence without further proof of the signature of the person by whom it was executed.
A document signifying any such consent which purports to be witnessed in accordance with rules is to be presumed to be so witnessed, and to have been executed and witnessed on the date and at the place specified in the document, unless the contrary is proved.
A Scottish adoption order or an order under section 25 of the Adoption (Scotland) Act 1978 (c. 28) (interim adoption orders) has effect in England and Wales as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.
A Scottish permanence order which includes provision granting authority for the child to be adopted has the same effect in England and Wales as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.
Any person who contravenes any of the provisions of the Adoption and Children (Scotland) Act 2007 mentioned in subsection (3A) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale or both.
contravenes section 27(1) of that Act (removal where adoption agreed etc.), or
contravenes section 28(1) or (2) of that Act (removal where applicant provided home),
Orders made under section 24 of the Adoption and Children (Scotland) Act 2007 (return of child removed in breach of certain provisions) are to have effect in England and Wales as if they were orders of the High Court under section 41 of this Act.
The provisions are—
section 20 (restrictions on removal: child placed for adoption);
section 21 (restrictions on removal: notice of intention to adopt given);
section 22 (restrictions on removal: application for adoption order pending).
In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions Order 2009 (S.S.I. 2009/267)).
A Northern Irish adoption order or an order under Article 26 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) (interim orders) has effect in England and Wales as it has in Northern Ireland.
An order made under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 (freeing orders), or the variation or revocation of such an order under Article 20 or 21 of that Order, have effect in England and Wales as they have in Northern Ireland.
Any person who— is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
contravenes Article 28(1) or (2) of the Adoption (Northern Ireland) Order 1987 (removal where adoption agreed etc.), or
contravenes Article 29(1) or (2) of that Order (removal where applicant provided home),
Orders made under Article 30 of that Order (order to return or not to remove child) are to have effect in England and Wales as if they were orders of the High Court under section 41 of this Act.
Any document which is receivable as evidence of any matter— is also receivable as evidence of that matter in England and Wales.
in Scotland under section 56(1) or (2) of the Adoption and Children (Scotland) Act 2007 (asp 4) (admissibility of extracts as evidence),
in Northern Ireland under Article 63(1) of the Adoption (Northern Ireland) Order 1987, or
in the Isle of Man or any of the Channel Islands under an enactment corresponding to section 77(3) of this Act,
Regulations may provide—
for a reference in any provision of this Act to an order of a court to include an order of a court in the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the order in question,
for a reference in any provision of this Act to an adoption agency to include a person who appears to the Secretary of State to exercise functions under the law of the Isle of Man or any of the Channel Islands which correspond to those of an adoption agency and for any reference in any provision of this Act to a child placed for adoption by an adoption agency to be read accordingly,
for a reference in any provision of this Act to an enactment (including an enactment contained in this Act) to include a provision of the law of the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the enactment,
for any reference in any provision of this Act to the United Kingdom to include the Isle of Man or any of the Channel Islands.
Regulations may modify any provision of this Act, as it applies to any order made, or other thing done, under the law of the Isle of Man or any of the Channel Islands.
In this section, “regulations” means regulations made by the Secretary of State after consultation with the Assembly.
In proceedings in which a question may arise as to whether an adoption order or placement order should be made, or any other question with respect to such an order, the court must (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b))—
draw up a timetable with a view to determining such a question without delay, and
give such directions as it considers appropriate for the purpose of ensuring that the timetable is adhered to.
Rules may—
prescribe periods within which prescribed steps must be taken in relation to such proceedings, and
make other provision with respect to such proceedings for the purpose of ensuring that such questions are determined without delay.
Any notice or information required to be given by virtue of this Act may be given by post.
Section 4 of the 1989 Act (acquisition of responsibility by the father of a child who is not married to the child’s mother) is amended as follows.
In subsection (1) (cases where parental responsibility is acquired), for the words after “birth” there is substituted, the father shall acquire parental responsibility for the child if—
After that subsection there is inserted—
For subsection (3) there is substituted—
Accordingly, in section 2(2) of the 1989 Act (a father of a child who is not married to the child’s mother shall not have parental responsibility for the child unless he acquires it in accordance with the provisions of the Act), for the words from “shall not” to “acquires it” there is substituted “ shall have parental responsibility for the child if he has acquired it (and has not ceased to have it) ”.
In section 104 of the 1989 Act (regulations and orders)—
in subsection (2), after “section” there is inserted “ 4(1B), ”, and
in subsection (3), after “section” there is inserted “ 4(1B) or ”.
Paragraph (a) of section 4(1) of the 1989 Act, as substituted by subsection (2) of this section, does not confer parental responsibility on a man who was registered under an enactment referred to in paragraph (a), (b) or (c) of section 4(1A) of that Act, as inserted by subsection (3) of this section, before the commencement of subsection (3) in relation to that paragraph.
After section 4 of the 1989 Act there is inserted—
In section 9 of the 1989 Act (restrictions on making section 8 orders)—
in subsection (3)(c), for “three years” there is substituted “ one year ”, and
subsection (4) is omitted.
In section 12 of the 1989 Act (residence orders and parental responsibility), after subsection (4) there is inserted—.
In section 9 of that Act (restrictions on making section 8 orders), at the beginning of subsection (6) there is inserted “ Subject to section 12(5) ”.
In section 91 of that Act (effect and duration of orders), in subsection (10), after “9(6)” there is inserted “ or 12(5) ”.
After section 14 of the 1989 Act there is inserted—
The 1989 Act is amended as follows.
In section 1 (welfare of the child), in subsection (4)(b), after “discharge” there is inserted “ a special guardianship order or ”.
In section 5 (appointment of guardians)—
in subsection (1)—
in paragraph (b), for “or guardian” there is substituted “ , guardian or special guardian ”, and
at the end of paragraph (b) there is inserted; or ,
in subsection (4), at the end there is inserted “ ; and a special guardian of a child may appoint another individual to be the child’s guardian in the event of his death ”, and
in subsection (7), at the end of paragraph (b) there is inserted “ or he was the child’s only (or last surviving) special guardian ”.
In section 17 of the 1989 Act (provision of services for children in need, their families and others), in subsection (6) (services that may be provided in exercise of the functions under that section) after “include” there is inserted “ providing accommodation and ”.
In section 22 of that Act (general duty of local authority in relation to children looked after by them), in subsection (1) (looked after children include those provided with accommodation, with exceptions) before “23B” there is inserted “ 17 ”.
In section 24A of that Act (advice and assistance for certain children and young persons aged 16 or over), in subsection (5), for “or, in exceptional circumstances, cash” there is substitutedand, in exceptional circumstances, assistance may be given— .
In section 24D of the 1989 Act (representations: sections 23A to 24B), after subsection (1) there is inserted—
Section 26 of that Act (procedure for considering other representations) is amended as follows.
In subsection (3) (which makes provision as to the persons by whom, and the matters in respect of which, representations may be made), for “functions under this Part” there is substituted “ qualifying functions ”.
After that subsection there is inserted—
but this subsection is subject to subsection (5A).
After that subsection there is inserted—
After subsection (5) there is inserted—
In section 26 of the 1989 Act (review of cases of looked after children, etc.), in subsection (2) (regulations as to reviews)—
in paragraph (e), “to consider” is omitted and after “their care” there is inserted—,
in paragraph (f), “to consider” is omitted and after the second mention of “the authority” there is inserted—,
after paragraph (j) there is inserted—.
After that subsection there is inserted—
After section 26 of the 1989 Act there is inserted—
In section 31 of the 1989 Act (care and supervision orders), at the end of the definition of “harm” in subsection (9) there is inserted “ including, for example, impairment suffered from seeing or hearing the ill-treatment of another ”.
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After that section there is inserted—
If— the plan is to have effect as if made under section 31A of the 1989 Act.
before subsection (2) comes into force, a care order has been made in respect of a child and a plan for the future care of the child has been prepared in connection with the making of the order by the local authority designated in the order, and
on the day on which that subsection comes into force the order is in force, or would be in force but for section 29(1) of this Act,
In section 41 of the 1989 Act (specified proceedings)—
in subsection (6), after paragraph (h) there is inserted—,
after that subsection there is inserted—
In section 93 of the 1989 Act (rules of court), in subsection (2), after paragraph (b) there is inserted—.
A person must not—
publish or distribute an advertisement or information to which this section applies, or
cause such an advertisement or information to be published or distributed.
This section applies to an advertisement indicating that—
the parent or guardian of a child wants the child to be adopted,
a person wants to adopt a child,
a person other than an adoption agency is willing to take any step mentioned in paragraphs (a) to (e), (g) and (h) and (so far as relating to those paragraphs) (i) of section 92(2),
a person other than an adoption agency is willing to receive a child handed over to him with a view to the child’s adoption by him or another, or
a person is willing to remove a child from the United Kingdom for the purposes of adoption.
This section applies to—
information about how to do anything which, if done, would constitute an offence under section 85 or 93, ... Article 11 or 58 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22) or section 60 or 75 of the Adoption and Children (Scotland) Act 2007 (asp 4)) or section 60 or 75 of the Adoption and Children (Scotland) Act 2007 (asp 4) (whether or not the information includes a warning that doing the thing in question may constitute an offence),
information about a particular child as a child available for adoption.
For the purposes of this section and section 124—
publishing or distributing an advertisement or information means publishing it or distributing it to the public and includes doing so by electronic means (for example, by means of the internet),
the public includes selected members of the public as well as the public generally or any section of the public.
Subsection (1) does not apply to publication or distribution by or on behalf of an adoption agency.
The Secretary of State may by order make any amendments of this section which he considers necessary or expedient in consequence of any developments in technology relating to publishing or distributing advertisements or other information by electronic or electro-magnetic means.
References to an adoption agency in this section include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances. “Prescribed” means prescribed by regulations made by the Secretary of State.
Before exercising the power conferred by subsection (6) or (7), the Secretary of State must consult the Scottish Ministers, the Department of Health, Social Services and Public Safety and the Assembly.
In this section—
“adoption agency” includes a Scottish or Northern Irish adoption agency,
references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.
A person who contravenes section 123(1) is guilty of an offence.
A person is not guilty of an offence under this section unless it is proved that he knew or had reason to suspect that section 123 applied to the advertisement or information. But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
The Secretary of State may establish and maintain a register, to be called the Adoption and Children Act Register, containing—
prescribed information about children who are suitable for adoption, children for whom a local authority in England are considering adoption and prospective adopters who are suitable to adopt a child,
prescribed information about persons included in the register in pursuance of paragraph (a) in respect of things occurring after their inclusion.
For the purpose of giving assistance in finding persons with whom children may be placed for purposes other than adoption, regulations may—
provide for the register to contain information about such persons and the children who may be placed with them, and
apply any of the other provisions of this group of sections (that is, this section and sections 126 to 131), with or without modifications.
Regulations may provide that the register may contain—
prescribed information about children who a Welsh, Scottish or Northern Irish adoption agency is satisfied are suitable for adoption,
prescribed information about prospective adopters who a Welsh, Scottish or Northern Irish adoption agency is satisfied are suitable to adopt a child,
prescribed information about persons included in the register in pursuance of paragraph (a) or (b) in respect of things occurring after their inclusion.
The register is not to be open to public inspection or search (subject to regulations under section 128A).
Regulations may make provision about the retention of information in the register.
Information is to be kept in the register in any form the Secretary of State considers appropriate.
The Secretary of State may make an arrangement with an organisation under which any function of his ... of establishing and maintaining the register, and disclosing information entered in, or compiled from information entered in, the register to any person is performed wholly or partly by the organisation on his behalf.
The arrangement may include provision for payments to be made to the organisation by the Secretary of State.
If the Secretary of State makes an arrangement under this section with an organisation, the organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Secretary of State and the directions may be of general application... or be special directions.
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References in this group of sections to the registration organisation are to any organisation for the time being performing functions in respect of the register by virtue of arrangements under this section.
Regulations may authorise an organisation with which an arrangement is made under section 126 to act as agent for the payment or receipt of sums payable by adoption agencies to other adoption agencies and may require adoption agencies to pay or receive such sums through the organisation.
The organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Secretary of State; and the directions may be of general application... or be special directions.
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Regulations may require adoption agencies to give prescribed information to the Secretary of State or the registration organisation for entry in the register.
Information is to be given to the Secretary of State or the registration organisation when required by regulations and in the prescribed form and manner.
Regulations may require an agency giving information which is entered on the register to pay a prescribed fee to the Secretary of State or the registration organisation.
But an adoption agency is not to disclose any information to the Secretary of State or the registration organisation—
about prospective adopters who are suitable to adopt a child, or persons who were included in the register as such prospective adopters, without their consent,
about children suitable for adoption or for whom a local authority in England are considering adoption, or persons who were included in the register as such children, without the consent of the prescribed person.
Consent under subsection (4) is to be given in the prescribed form.
Information entered in the register, or compiled from information entered in the register, may only be disclosed under subsection (2), (2A) or (3) or section 128A.
Prescribed information entered in the register may be disclosed by the Secretary of State or the registration organisation—
where an adoption agency is acting on behalf of a child who is suitable for adoption or for whom a local authority in England is considering adoption, to the agency to assist in finding prospective adopters with whom it would be appropriate for the child to be placed,
where an adoption agency is acting on behalf of prospective adopters who are suitable to adopt a child, to the agency to assist in finding a child appropriate for adoption by them.
Prescribed information entered in the register, or compiled from information entered in the register, may be disclosed by the Secretary of State or the registration organisation to any prescribed person for use for statistical or research purposes, or for other prescribed purposes.
Regulations may make provision permitting the disclosure of prescribed information entered in the register, or compiled from information entered in the register—
to an adoption agency or to a Welsh, Scottish or Northern Irish adoption agency for any prescribed purpose, or
for the purpose of enabling the information to be entered in a register which is maintained in respect of Wales, Scotland or Northern Ireland and which contains information about children who are suitable for adoption or prospective adopters who are suitable to adopt a child.
Regulations may prescribe the steps to be taken by adoption agencies in respect of information received by them by virtue of subsection (2) or (2A).
Subsection (1) does not apply —
to a disclosure of information with the authority of the Secretary of State,...
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Information disclosed to any person under subsection (2), (2A) or (3) may be given on any prescribed terms or conditions.
Regulations may, in prescribed circumstances, require a prescribed fee to be paid to the Secretary of State or the registration organisation—
by a prescribed adoption agency in respect of information disclosed under subsection (2) or (2A),
by a person in respect of information disclosed under subsection (2A) or (3).
by a prescribed Welsh, Scottish or Northern Irish adoption agency in respect of information disclosed under subsection (2A), or
If any information entered in the register is disclosed to a person in contravention of subsection (1), the person disclosing it is guilty of an offence.
A person guilty of an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
Regulations may make provision enabling prospective adopters who are suitable to adopt a child to search and inspect the register, for the purposes of assisting them to find a child for whom they would be appropriate adopters.
Regulations under subsection (1) may make provision enabling prospective adopters to search and inspect only prescribed parts of the register, or prescribed content on the register.
Access to the register for the purpose of searching and inspecting it may be granted on any prescribed terms and conditions.
Regulations may prescribe the steps to be taken by prospective adopters in respect of information received by them as a result of searching or inspecting the register.
Regulations may make provision requiring prospective adopters, in prescribed circumstances, to pay a prescribed fee to the Secretary of State or the registration organisation in respect of searching or inspecting the register.
On the occasion of the first exercise of the power to make regulations under this section—
the statutory instrument containing the regulations is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, and
accordingly section 140(2) does not apply to the instrument.
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In this group of sections, “adoption agency” means—
a local authority in England,
a registered adoption society whose principal office is in England.
An Order under section 125 may provide for any requirements imposed on adoption agencies in respect of the register to apply— and, in relation to the register, references to adoption agencies in this group of sections include any authorities or societies mentioned in paragraphs (a) and (b) to which an Order under that section applies those requirements.
to Scottish local authorities and to voluntary organisations providing a registered adoption service,
to local authorities in Wales and to registered adoption societies whose principal offices are in Wales,
For the purposes of this group of sections, references to the register applying to Scotland or Wales are to those requirements applying as mentioned in paragraph (a) or, as the case may be, (b) of subsection (2).
An Order under section 125 may apply any provision made by virtue of section 127—
to Scottish local authorities and to voluntary organisations providing a registered adoption service,
to local authorities in Wales and to registered adoption societies whose principal offices are in Wales.
For the purposes of this group of sections, references to any payment agency provision applying to Scotland or Wales are to provision made by virtue of section 127 applying as mentioned in paragraph (a) or, as the case may be, (b) of subsection (4).
In this group of sections—
“organisation” includes a public body and a private or voluntary organisation,
adoption agency” means—
a local authority in England,
a registered adoption society whose principal office is in England,
“prescribed” means prescribed by regulations,
“the register” means the Adoption and Children Act Register,
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Welsh adoption agency” means—
a local authority in Wales,
a registered adoption society whose principal office is in Wales.
For the purposes of this group of sections (except sections 125(1A) and 129(2A)) —
a child is suitable for adoption if an adoption agency is satisfied that the child ought to be placed for adoption,
prospective adopters are suitable to adopt a child if an adoption agency is satisfied that they are suitable to have a child placed with them for adoption.
Nothing authorised or required to be done by virtue of this group of sections constitutes an offence under section 93, 94 or 95.
For the purposes of sections 125(1A) and 129(2A)—
a child is suitable for adoption if a Welsh, Scottish or Northern Irish adoption agency is satisfied that the child ought to be placed for adoption,
prospective adopters are suitable to adopt a child if a Welsh, Scottish or Northern Irish adoption agency is satisfied that they are suitable to have a child placed with them for adoption.
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In section 50 of the Adoption (Scotland) Act 1978 (restriction on removal of children for adoption outside Great Britain)—
in subsection (1), “not being a parent or guardian or relative of the child” is omitted,
after subsection (3) there is inserted—
For section 50A of that Act (restriction on bringing children into the United Kingdom for adoption) there is substituted—
In section 65 of that Act (interpretation), in subsection (1), in the definition of “adoption agency”, for “and 27” there is substituted “, 27 and 50A”.
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Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended as follows.
In section 113 (criminal record certificates), in subsection (3A), for “his suitability” there is substituted “ the suitability of the applicant, or of a person living in the same household as the applicant, to be a foster parent or ”.
In section 115 (enhanced criminal record certificates), in subsection (6A), for “his suitability” there is substituted “ the suitability of the applicant, or of a person living in the same household as the applicant, to be a foster parent or ”.
Section 93 of the Local Government Act 2000 (c. 22) (payment of grants for welfare services) is amended as follows.
In subsection (1) (payment of grants by the Secretary of State), for the words from “in providing” to the end there is substituted—
In subsection (2) (payment of grants by the Assembly), for the words from “in providing” to the end there is substituted—
After subsection (6) there is inserted—
Her Majesty may by Order in Council provide for giving effect to the Convention in any British overseas territory.
An Order in Council under subsection (1) in respect of any British overseas territory may, in particular, make any provision corresponding to provision which in relation to any part of Great Britain is made by the Adoption (Intercountry Aspects) Act 1999 (c. 18) or may be made by regulations under section 1 of that Act.
The British Nationality Act 1981 (c. 61) is amended as follows.
In section 1 (acquisition of British citizenship by birth or adoption)—
in subsection (5), at the end of paragraph (b) there is inserted “ effected under the law of a country or territory outside the United Kingdom ”,
at the end of subsection (5A)(b) there is inserted “ or in a designated territory ”,
in subsection (8), the words following “section 50” are omitted.
In section 15 (acquisition of British overseas territories citizenship)—
after subsection (5) there is inserted—,
in subsection (6), after “order” there is inserted “ or a Convention adoption ”.
In section 50 (interpretation), in subsection (1)—
“Convention adoption” means an adoption effected under the law of a country or territory in which the Convention is in force, and certified in pursuance of Article 23(1) of the Convention
“designated territory” means a qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, which is designated by Her Majesty by Order in Council under subsection (14)
After subsection (13) of that section there is inserted—
Proceedings for an offence by virtue of section 9, 59, 93, 94, 95 or 129—
may not be brought more than six years after the commission of the offence but, subject to that,
may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. In relation to Scotland, “the prosecutor” is to be read as “the procurator fiscal”.
Schedule 3 (minor and consequential amendments) is to have effect.
Schedule 4 (transitional and transitory provisions and savings) is to have effect.
The enactments set out in Schedule 5 are repealed to the extent specified.
Any power to make subordinate legislation conferred by this Act on the Lord Chancellor, the Secretary of State, the Scottish Ministers, the Assembly or the Registrar General is exercisable by statutory instrument.
A statutory instrument containing subordinate legislation made under any provision of this Act (other than section 14 or 148 or an instrument to which subsection (3) applies) is to be subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing subordinate legislation— is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
under section 9 which includes provision made by virtue of section 45(2),
under section 3ZA(6),
under section 92(6), 94 or 123(6), or
which adds to, replaces or omits any part of the text of an Act,
Subsections (2) and (3) do not apply to an Order in Council or to subordinate legislation made—
by the Scottish Ministers, or
by the Assembly, unless made jointly by the Secretary of State and the Assembly.
A statutory instrument containing regulations under section 63(2) made by the Scottish Ministers is to be subject to annulment in pursuance of a resolution of the Scottish Parliament.
The power of the Department of Health, Social Services and Public Safety to make regulations under section 63(2) is to be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/ 1573 (N.I. 12)); and any such regulations are to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if they were statutory instruments within the meaning of that Act.
Subordinate legislation made under this Act may make different provision for different purposes or areas.
A power to make subordinate legislation under this Act (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to—
those cases subject to specified exceptions, or
a particular case or class of case.
In this section, “subordinate legislation” does not include a direction.
Family Procedure Rules may make provision in respect of any matter to be prescribed by rules made by virtue of this Act and dealing generally with all matters of procedure.
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In the case of an application for a placement order, for the variation or revocation of such an order, or for an adoption order, the rules must require any person mentioned in subsection (4) to be notified—
of the date and place where the application will be heard, and
of the fact that, unless the person wishes or the court requires, the person need not attend.
The persons referred to in subsection (3) are—
in the case of a placement order, every person who can be found whose consent to the making of the order is required under subsection (3)(a) of section 21 (or would be required but for subsection (3)(b) of that section) or, if no such person can be found, any relative prescribed by rules who can be found,
in the case of a variation or revocation of a placement order, every person who can be found whose consent to the making of the placement order was required under subsection (3)(a) of section 21 (or would have been required but for subsection (3)(b) of that section),
in the case of an adoption order—
every person who can be found whose consent to the making of the order is required under subsection (2)(a) of section 47 (or would be required but for subsection (2)(c) of that section) or, if no such person can be found, any relative prescribed by rules who can be found,
every person who has consented to the making of the order under section 20 (and has not withdrawn the consent) unless he has given a notice under subsection (4)(a) of that section which has effect,
every person who, if leave were given under section 47(5), would be entitled to oppose the making of the order.
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for enabling any fact tending to establish the identity of a child with a child to whom a document relates to be proved by affidavit, and
for excluding or restricting in relation to any facts that may be so proved the power of a justice of the peace to compel the attendance of witnesses.
Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.
The appropriate Minister may by order make— which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
any supplementary, incidental or consequential provision,
any transitory, transitional or saving provision,
For the purposes of subsection (1), where any provision of an order extends to England and Wales, and Scotland or Northern Ireland, the appropriate Minister in relation to the order is the Secretary of State.
Before making an order under subsection (1) containing provision which would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, the appropriate Minister must consult the Scottish Ministers.
Subsection (5) applies to any power of the Lord Chancellor, the Secretary of State or the Assembly to make regulations, rules or an order by virtue of any other provision of this Act....
The power may be exercised so as to make— which the person exercising the power considers necessary or expedient.
any supplementary, incidental or consequential provision,
any transitory, transitional or saving provision,
The provision which may be made under subsection (1) or (5) includes provision modifying Schedule 4 or amending or repealing any enactment or instrument. In relation to an Order in Council, “enactment” in this subsection includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
The power of the Registrar General to make regulations under Chapter 5 of Part 1 may, with the approval of the Secretary of State, be exercised so as to make— which the Registrar General considers necessary or expedient.
any supplementary, incidental or consequential provision,
any transitory, transitional or saving provision,
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, that person as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.
Proceedings for an offence alleged to have been committed under this Act by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings in England and Wales or Northern Ireland, any rules of court relating to the service of documents have effect as if that body were a corporation.
A fine imposed on an unincorporated body on its conviction of an offence under this Act is to be paid out of the funds of that body.
If an unincorporated body is charged with an offence under this Act— have effect in like manner as in the case of a corporation so charged.
in England and Wales, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) (procedure on charge of an offence against a corporation),
in Northern Ireland, section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure on charge of an offence against a corporation),
Where an offence under this Act committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.
Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
In this Act—
Any power conferred by this Act to prescribe a fee by ...regulations includes power to prescribe—
a fee not exceeding a prescribed amount,
a fee calculated in accordance with the ...regulations,
a fee determined by the person to whom it is payable, being a fee of a reasonable amount.
In this Act, “Scottish adoption agency” means— but in relation to the provision of any particular service, references to a Scottish adoption agency do not include a voluntary organisation unless it is registered in respect of that service or a service which, in Scotland, corresponds to that service. Expressions used in this subsection have the same meaning as in the Public Services Reform (Scotland) Act 2010 (asp 8) and “registered” means registered under Chapter 3 of Part 5 of that Act.
a local authority, or
a voluntary organisation providing a registered adoption service;
In this Act, a couple means—
a married couple, or
two people (whether of different sexes or the same sex) living as partners in an enduring family relationship.
two people who are civil partners of each other, or
Subsection (4)(b) does not include two people one of whom is the other’s parent, grandparent, sister, brother, aunt or uncle.
References to relationships in subsection (5)— but do not include any other adoptive relationships.
are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for adoption, and
include the relationship of a child with his adoptive, or former adoptive, parents,
For the purposes of this Act, a person is the partner of a child’s parent if the person and the parent are a couple but the person is not the child’s parent.
The references to the Adoption Act 1976 (c. 36) and to the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) are to be treated as referring to those Acts as amended by virtue of this Act.
This section does not affect the power to make further Orders varying or omitting those references.
In Schedule 1 to that Order, in the entry for the Adoption Act 1976, “9” is omitted.
The functions exercisable by the Assembly under sections 9 and 9A of the Adoption Act 1976 (by virtue of paragraphs 4 and 5 of Schedule 4 to this Act) are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (c. 38) (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act.
There shall be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown by virtue of this Act,
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
Schedule 6 (glossary) is to have effect.
This Act (except sections 116 and 136, this Chapter and the provisions mentioned in subsections (5) and (6)) is to come into force on such day as the Secretary of State may by order appoint.
Before making an order under subsection (1) (other than an order bringing paragraph 53 of Schedule 3 into force) the Secretary of State must consult the Assembly.
Before making an order under subsection (1) bringing sections 123 and 124 into force, the Secretary of State must also consult the Scottish Ministers and the Department of Health, Social Services and Public Safety.
Before making an order under subsection (1) bringing sections 125 to 131 into force, the Secretary of State must also consult the Scottish Ministers.
The following are to come into force on such day as the Scottish Ministers may by order appoint—
section 41(5) to (9), so far as relating to Scotland,
sections 132 to 134,
paragraphs 21 to 35 and 82 to 84 of Schedule 3,
paragraphs 15 and 23 of Schedule 4,
the entries in Schedule 5, so far as relating to the provisions mentioned in paragraphs (c) and (d),
section 139, so far as relating to the provisions mentioned in the preceding paragraphs.
Sections 2(6), 3(3) and (4), 4 to 17, 27(3), 53(1) to (3), 54, 56 to 65 and 98, paragraphs 13, 65, 66 and 111 to 113 of Schedule 3 and paragraphs 3 and 5 of Schedule 4 are to come into force on such day as the appropriate Minister may by order appoint.
The amendment or repeal of an enactment has the same extent as the enactment to which it relates.
Subject to that and to the following provisions, this Act except section 137 extends to England and Wales only.
The following extend also to Scotland and Northern Ireland—
sections 63(2) to (5), 65(2)(a) and (b) and (3), 123 and 124,
this Chapter, except sections 141 and 145.
The following extend also to Scotland—
section 41(5) to (9),
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section 138,
section 139, so far as relating to provisions extending to Scotland.
In Schedule 4, paragraph 23 extends only to Scotland.
This Act may be cited as the Adoption and Children Act 2002.
Section 77(6)
If the Registrar General is satisfied, on an application under this paragraph, that he has sufficient particulars relating to a child adopted under a registrable foreign adoption to enable an entry to be made in the Adopted Children Register for the child he must make the entry accordingly. If he is also satisfied that an entry in the registers of live-births or other records relates to the child, he must— An application under this paragraph must be made, in the prescribed manner, by a prescribed person and the applicant must provide the prescribed documents and other information. An entry made in the Adopted Children Register by virtue of this paragraph must be made in the prescribed form. In this Schedule “registrable foreign adoption” means an adoption which satisfies prescribed requirements and is either— In this paragraph—
This paragraph applies where an adoption order is revoked under section 55(1). The prescribed officer of the court must communicate the revocation in the prescribed manner to the Registrar General who must then cancel or secure the cancellation of— “Prescribed” means prescribed by rules. A copy or extract of an entry in any register or other record, being an entry the marking of which is cancelled under this paragraph, is not to be treated as an accurate copy unless both the marking and the cancellation are omitted from it.
In section 28 of the Mental Health Act 1983 (nearest relative of minor under guardianship, etc.), in subsection (3), after “ “guardian”” there is inserted “ includes a special guardian (within the meaning of the Children Act 1989), but ”.
In Schedule 3 to the Child Abduction and Custody Act 1985 (custody orders), in paragraph 1, the “and” at the end of paragraph (b) is omitted and after that paragraph there is inserted—, and paragraph (c)(v) is omitted.
Without prejudice to paragraphs 2(4) and 4(5), where, after an entry in the registers of live-births or other records has been marked in accordance with paragraph 1 or 2, the birth is re-registered under section 14 of the Births and Deaths Registration Act 1953 (c. 20) (re-registration of births of legitimated persons), the entry made on the re-registration must be marked in the like manner. Without prejudice to paragraph 4(9), where an entry in the registers of live-births or other records is marked in pursuance of paragraph 3 and the birth in question is subsequently re-registered under section 14 of that Act, the entry made on re-registration must be marked in the like manner.
In section 28 of the Sexual Offences Act 1956 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen), in subsection (4), the “or” at the end of paragraph (a) is omitted, and after that paragraph there is inserted—.
Section 67— Section 73 applies in relation to this paragraph as if this paragraph were contained in Chapter 4 of Part 1; and an instrument or enactment is a pre-1976 instrument or enactment for the purposes of this Schedule if it was passed or made at any time before 1st January 1976.
Paragraph 80 of Schedule 3 does not affect section 58A(2)(b) of the Courts and Legal Services Act 1990 in its application to proceedings under the Adoption Act 1976 (c. 36).
Section 69 does not apply to a pre-1976 instrument.
In section 70(1), the reference to Part 3 of the Family Law Reform Act 1987 (c. 42) includes Part 2 of the Family Law Reform Act 1969 (c. 46).
Section 79(6)
On an application made in the prescribed manner by an adopted person— the Registrar General must give the applicant any information necessary to enable the applicant to obtain a certified copy of the record of his birth. “Prescribed” means prescribed by regulations made by the Registrar General with the approval of the Secretary of State.
On an application made in the prescribed manner by an adopted person—
a record of whose birth is kept by the Registrar General, and
who has attained the age of 18 years,
Before giving any information to an applicant under paragraph 1, the Registrar General must inform the applicant that counselling services are available to the applicant— In sub-paragraph (1)(b), “registered adoption support agency” means— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If the applicant chooses to receive counselling from a person or body within sub-paragraph (1), the Registrar General must send to the person or body the information to which the applicant is entitled under paragraph 1.
Where an adopted person who is in England and Wales— the persons and bodies mentioned in sub-paragraph (2) must, if asked by the applicant to do so, provide counselling for the applicant. Those persons and bodies are—
Where a person— the Registrar General must not give the information to the applicant unless the applicant has attended an interview with a counsellor arranged by a person or body from whom counselling services are available as mentioned in paragraph 2. Where the Registrar General is prevented by sub-paragraph (1) from giving information to a person who is not living in the United Kingdom, the Registrar General may give the information to any body which—
Section 139
“prescribed” means prescribed by subordinate legislation,
Section 3 of the Marriage Act 1949 (marriage of person aged under eighteen) is amended as follows.
The Health Services and Public Health Act 1968 is amended as follows.
The Legitimacy Act 1976 is amended as follows.
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Section 1 of the Child Abduction Act 1984 (offence of abduction of child by parent, etc.) is amended as follows. In subsection (2), after paragraph (c) there is inserted—. In subsection (3)(a), after sub-paragraph (iii) there is inserted—. In subsection (4), for paragraphs (a) and (b) there is substituted— In subsection (5A), the “or” at the end of sub-paragraph (i) of paragraph (a) is omitted, and after that sub-paragraph there is inserted—. In subsection (7)(a), after “ “guardian of a child,”” there is inserted “ “special guardian,” ”.
The Family Law Act 1986 is amended as follows.
The Children Act 1989 is amended as follows.
In section 26 of the Child Support Act 1991 (disputes about parentage), in subsection (3), after “1976” there is inserted “ or Chapter 4 of Part 1 of the Adoption and Children Act 2002 ”.
In subsection (1), for “person or persons specified in subsection (1A) of this section” there is substituted “ appropriate persons ”.
In section 64 (financial assistance by the Secretary of State to certain voluntary organisations), in subsection (3)(a)(xviii), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.
In section 4 (legitimation of adopted child)—
in subsection (1), after “1976” there is inserted “ or section 67 of the Adoption and Children Act 2002 ”,
in subsection (2)—
in paragraph (a), after “39” there is inserted “ or subsection (3)(b) of the said section 67 ”,
in paragraph (b), after “1976” there is inserted “ or section 67, 68 or 69 of the Adoption and Children Act 2002 ”.
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in subsection (2)—
for paragraph (a) there is substituted—; and
for “section 1” there is substituted “section 3(1)”, and
after subsection (2) there is inserted—
The Schedule to that Act (modifications of section 1 for children in certain cases) is amended as follows. In paragraph 3 (adoption and custodianship), for sub-paragraphs (1) and (2) there is substituted— In paragraph 5 (interpretation), in sub-paragraph (a), for the words from “and “adoption order”” to the end there is substituted “ , “adoption order”, “placed for adoption by an adoption agency” and “placement order” have the same meaning as in the Adoption and Children Act 2002; and ”.
In section 1 (orders to which Part 1 applies), in subsection (1), after paragraph (a) there is inserted—.
In section 8 (residence, contact and other orders with respect to children), in subsection (4), for paragraph (d) there is substituted—.
For subsection (1A) there is substituted—
In section 65 (financial and other assistance by local authorities to certain voluntary organisations), in subsection (3)(b), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.
In section 6 (dispositions depending on date of birth), at the end of subsection (2) there is inserted “ or section 69(2) of the Adoption and Children Act 2002 ”.
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in subsection (1), after paragraph (a) there is inserted—, and
after subsection (3) there is inserted—
In section 2 (jurisdiction: general), after subsection (2) there is inserted—
In section 10 (power of court to make section 8 orders)—
in subsection (4)(a), for “or guardian” there is substituted “ , guardian or special guardian ”,
after subsection (4)(a) there is inserted—,
after subsection (5) there is inserted—,
after subsection (7) there is inserted—
For subsection (1B) there is substituted—
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in subsection (1), for “section 27 or 28 of the Adoption Act 1976” there is substituted “section 30, 34, 35 or 36 of the Adoption and Children Act 2002”, and
in subsection (2), for “section 27 or 28 of the Adoption Act 1976”, in both places where those words occur, there is substituted “section 30, 34, 35 or 36 of the Adoption and Children Act 2002”.
In section 57 (declarations as to adoptions effected overseas)—
for subsection (1)(a) there is substituted—,
in subsection (2)(a), after “1976” there is inserted “ or section 67 of the Adoption and Children Act 2002 ”.
In section 12 (residence orders and parental responsibility), in subsection (3)—
paragraph (a) is omitted,
in paragraph (b), for “section 55 of the Act of 1976” there is substituted “ section 84 of the Adoption and Children Act 2002 ”.
In subsection (2), for “The last foregoing subsection” there is substituted “ Subsection (1) ”.
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in subsection (6)(d), for sub-paragraph (ii) there is substituted—;
in subsection (6A)(b), for sub-paragraph (i) there is substituted—.
In section 16 (family assistance orders), in subsection (2)(a), for “or guardian” there is substituted “ , guardian or special guardian ”.
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In section 20 (provision of accommodation for children: general), in subsection (9), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—.
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In section 24 (persons qualifying for advice and assistance)—
for subsection (1) there is substituted—,
in subsection (2), for “subsection (1)(b)” there is substituted “ subsection (1B)(b) ”,
in subsection (5), before paragraph (a) there is inserted—.
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In section 24A (advice and assistance for qualifying persons)—
in subsection (2)(b), after “a person” there is inserted “ to whom section 24(1A) applies, or to whom section 24(1B) applies and ”,
in subsection (3)(a), after “if” there is inserted “ he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and ”.
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In section 24B (assistance with employment, education and training), in each of subsections (1) and (3)(b), after “of” there is inserted “ section 24(1A) or ”.
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In section 33 (effect of care order)—
in subsection (3)(b), for “a parent or guardian of the child” there is substituted— ,
in subsection (5), for “a parent or guardian of the child who has care of him” there is substituted “ a person mentioned in that provision who has care of the child ”,
in subsection (6)(b)—
sub-paragraph (i) is omitted,
in sub-paragraph (ii), for “section 55 of the Act of 1976” there is substituted “ section 84 of the Adoption and Children Act 2002 ”,
in subsection (9), for “a parent or guardian of the child” there is substituted “ a person mentioned in that provision ”.
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In section 34 (parental contact etc. with children in care)—
in subsection (1)(b), after “guardian” there is inserted “ or special guardian ”, and
after subsection (1)(b) there is inserted—.
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In section 80 (inspection of children’s homes by persons authorised by Secretary of State), in subsection (1), paragraphs (e) and (f) are omitted.
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in subsection (2)—
for the words from “in relation to” to “adoption”, where it secondly occurs, there is substituted “(except where an order has been made freeing the child for adoption)”; and
for the words from “every” to “Act” there is substituted “any person mentioned in subsection (2A)”; and
after subsection (2) there is inserted—
In section 81 (inquiries), in subsection (1), paragraph (b) is omitted.
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In section 88 (amendments of adoption legislation), subsection (1) is omitted.
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in the definition of “adoption agency”, for “section 1 of the Adoption Act 1976” there is substituted “section 2(1) of the Adoption and Children Act 2002”,
in the definition of “adoption order”—
in paragraph (b), for “section 12 of the Adoption Act 1976” there is substituted “section 46 of the Adoption and Children Act 2002”,
in paragraph (c), for “section 55 of the Adoption Act 1976” there is substituted “section 84 of the Adoption and Children Act 2002”, and
in the definition of “order freeing a child for adoption”, paragraph (a) and the word “and” immediately following that paragraph are omitted.
In section 91 (effect and duration of orders, etc.)—
after subsection (5) there is inserted—,
in subsection (7), after “4(1)” there is inserted “ 4A(1) ”,
in subsection (8)(a), after “4” there is inserted “ or 4A ”.
In section 102 (power of constable to assist in exercise of certain powers to search for children or inspect premises), in subsection (6), paragraph (c) is omitted.
In section 105 (interpretation), in subsection (1)—
in the definition of “adoption agency”, for “section 1 of the Adoption Act 1976” there is substituted “ section 2 of the Adoption and Children Act 2002 ”,
“section 31A plan” has the meaning given by section 31A(6);
in the definition of “parental responsibility agreement”, for “section 4(1)” there is substituted “ sections 4(1) and 4A(2) ”,
the definition of “protected child” is omitted,
“special guardian” and “special guardianship order” have the meaning given by section 14A;
In Schedule 1 (financial provision for children)—
in paragraph 1 (orders for financial relief against parents)—
in sub-paragraph (1), for “or guardian” there is substituted “ , guardian or special guardian ”, and
in sub-paragraph (6), after “order” there is inserted “ or a special guardianship order ”,
in paragraph 6 (variation etc of orders for periodical payments), in sub-paragraph (8), after “guardian” there is inserted “ or special guardian ”,
in paragraph 8 (financial relief under other enactments), in sub-paragraph (1) and in sub-paragraph (2)(b), after “residence order” there is inserted “ or a special guardianship order ”,
in paragraph 14 (financial provision for child resident in country outside England and Wales), in sub-paragraph (1)(b), after “guardian” there is inserted “ or special guardian ”.
In Schedule 2, in paragraph 19 (arrangements by local authorities to assist children to live abroad)—
in sub-paragraph (4) (arrangements to assist children to live abroad), after “guardian,” there is inserted “ special guardian, ”,
in sub-paragraph (6), for the words from the beginning to “British subject)” there is substituted “ Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) ”,
after sub-paragraph (8) there is inserted—
In Schedule 8 (privately fostered children), in paragraph 5, for sub-paragraphs (a) and (b) there is substitutedhe is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of— .
Part 1 of Schedule 10 is omitted.
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In section 33(1) of the Immigration Act 1971 (interpretation)—
in the definition of “Convention adoption”, after “1978” there is inserted “ or in the Adoption and Children Act 2002 ”,
in the definition of “legally adopted”, for “section 72(2) of the Adoption Act 1976” there is substituted “ section 87 of the Adoption and Children Act 2002 ”.
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The power of the court under paragraph 4(1) of Schedule 1 to amend an order on the application of the adopter or adopted person includes, in relation to an order made before 1st April 1959, power to make any amendment of the particulars contained in the order which appears to be required to bring the order into the form in which it would have been made if paragraph 1 of that Schedule had applied to the order. In relation to an adoption order made before the commencement of the Adoption Act 1976 (c. 36), the reference in paragraph 4(3) of that Schedule to paragraph 1(2) or (3) is to be read—
Paragraph 84 of Schedule 3 does not affect section 86(6) of the Children (Scotland) Act 1995 in its application to a child who becomes the subject of an order under section 18 or 55 of the Adoption Act 1976 by virtue of an application made before the repeal of that section.
Section 139
“subordinate legislation” means regulations or, in relation to information to be given by a court, rules.
Any reference (express or implied) in Part 1 or any other enactment, instrument or document to— must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision. Any reference (express or implied) in any enactment, instrument or document to— must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of Part 1 has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.
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Nothing in this Act affects any order made under section 18 of the Adoption Act 1976 (c. 36) and— Section 20 of that Act, as it has effect by virtue of this paragraph, is to apply as if, in subsection (3)(c) after “1989” there were inserted—. Where a child is free for adoption by virtue of an order made under section 18 of that Act, the third condition in section 47(6) is to be treated as satisfied.
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in subsection (1)(a), at the beginning there is inserted “(subject to subsection (1A))”,
after subsection (1) there is inserted—,
in subsection (2), after “subsection (1)” there is inserted “or (1A)”,
subsection (4) is omitted.
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in subsection (1), “not being a parent or guardian or relative of the child” is omitted,
at the end of that section there is inserted—
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Section 139 Short title and chapter Extent of repeal Births and Deaths Registration Act 1953 (c. 20). In section 10(3), the words following “the Family Law Reform Act 1987”. Sexual Offences Act 1956 (c. 69). In section 28(4), the “or” at the end of paragraph (a). Local Authority Social Services Act 1970 (c. 42). In Schedule 1, the entry relating to the Adoption Act 1976. Adoption Act 1976 (c. 36). The whole Act, except Part 4 and paragraph 6 of Schedule 2. Criminal Law Act 1977 (c. 45). In Schedule 12, the entries relating to the Adoption Act 1976. National Health Service Act 1977 (c. 49). In section 124A(3), the “or” at the end of paragraph (a). Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22). Sections 73(2), 74(2) and 74(4). Adoption (Scotland) Act 1978 (c. 28). In section 50, the words “not being a parent or guardian or relative of the child”. Section 52. In section 53(2), the words “England and Wales or”. In section 65(1), in the definition of “order freeing a child for adoption”, paragraph (a) and the word “and” immediately following that paragraph. Magistrates’ Courts Act 1980 (c. 43). In section 71(1) the words “(other than proceedings under the Adoption Act 1976)”. In section 71(2) the words following “(a) and (b)”. In Schedule 7, paragraphs 141 and 142. British Nationality Act 1981 (c. 61). In section 1(8), the words following “section 50”. Mental Health Act 1983 (c. 20). In Schedule 4, paragraph 45. Health and Social Services and Social Security Adjudications Act 1983 (c. 41). In Schedule 2, paragraphs 29 to 33, 35 and 36. In Schedule 9, paragraph 19. County Courts Act 1984 (c. 28). In Schedule 2, paragraph 58. Child Abduction Act 1984 (c. 37). In section 1(5A)(a), the “or” at the end of sub-paragraph (i). Matrimonial and Family Proceedings Act 1984 (c. 42). In section 40(2)(a), after “the Adoption Act 1968”, the word “or”. In Schedule 1, paragraph 20. Child Abduction and Custody Act 1985 (c. 60). In Schedule 3, in paragraph 1, the “and” at the end of paragraph (b). In Schedule 3, in paragraph 1(c), paragraph (v). Family Law Reform Act 1987 (c. 42). In Schedule 3, paragraphs 2 to 5. Children Act 1989 (c. 41). Section 9(4). Section 12(3)(a). In section 20(9), the “or” at the end of paragraph (a). In section 26(2)(e) and (f), the words “to consider”. Section 33(6)(b)(i). Section 80(1)(e) and (f). Section 81(1)(b). Section 88(1). Section 102(6)(c). In section 105(1), the definition of “protected child”. In Schedule 10, Part 1. National Health Service and Community Care Act 1990 (c. 19). In Schedule 9, paragraph 17. Human Fertilisation and Embryology Act 1990 (c. 37). In Schedule 4, paragraph 4. Courts and Legal Services Act 1990 (c. 41). In Schedule 16, paragraph 7. Local Government (Wales) Act 1994 (c. 19). In Schedule 10, paragraph 9. Health Authorities Act 1995 (c. 17). In Schedule 1, paragraph 101. Adoption (Intercountry Aspects) Act 1999 (c. 18). In section 2(6), the words “in its application to Scotland”. Section 7(3). Section 14. In section 16(1), the words “, or section 17 or 56A of the 1976 Act,”. In Schedule 2, paragraph 3. Access to Justice Act 1999 (c. 22). In Schedule 13, paragraph 88. Care Standards Act 2000 (c. 14). In section 16(2), the words “or a voluntary adoption agency”. In Schedule 4, paragraphs 5 and 27(b). Local Government Act 2000 (c. 22). In Schedule 5, paragraph 16. Criminal Justice and Court Services Act 2000 (c. 43). Section 12(5)(b) and the preceding “and”. In Schedule 7, paragraphs 51 to 53. This Act. In Schedule 4, paragraphs 3 to 5 and 10 to 16.
Section 147 In this Act, the expressions listed in the left-hand column below have the meaning given by, or are to be interpreted in accordance with, the provisions of this Act or (where stated) of the 1989 Act or the 2014 Act listed in the right-hand column. Expression Provision the 1989 Act section 2(5) the 2014 Act section 2(5) Adopted Children Register section 77 Adoption and Children Act Register section 125 adoption (in relation to Chapter 4 of Part 1) section 66 adoption agency section 2(1) adoption agency placing a child for adoption section 18(5) Adoption Contact Register section 80 adoption order section 46(1) Adoption Service section 2(1) adoption society section 2(5) adoption support agency section 8 adoption support services section 2(6) appointed day (in relation to Chapter 4 of Part 1) section 66(2) appropriate Minister section 144 Assembly section 144 body section 144 by virtue of section 144 care order section 105(1) of the 1989 Act child sections 49(5) and 144 child arrangements order section 8(1) of the 1989 Act child assessment order section 43(2) of the 1989 Act child in the care of a local authority section 105(1) of the 1989 Act child looked after by a local authority (in relation to a local authority in England) section 22 of the 1989 Act child looked after by a local authority (in relation to a local authority in Wales) section 74 of the 2014 Act child placed for adoption by an adoption agency section 18(5) child to be adopted, adopted child section 49(5) consent (in relation to making adoption orders or placing for adoption) section 52 the Convention section 144 Convention adoption section 66(1)(c) Convention adoption order section 144 Convention country section 144 couple section 144(4) court section 144 disposition (in relation to Chapter 4 of Part 1) section 73 enactment section 144 fee section 144 guardian section 144 information section 144 interim care order section 38 of the 1989 Act local authority section 144 local authority foster parent section 105(1) of the 1989 Act Northern Irish adoption agency section 144 Northern Irish adoption order section 144 notice section 144 notice of intention to adopt section 44(2) overseas adoption section 87 parental responsibility section 3 of the 1989 Act partner, in relation to a parent of a child section 144(7) placement order section 21 placing, or placed, for adoption sections 18(5) and 19(4) prohibited steps order section 8(1) of the 1989 Act records (in relation to Chapter 5 of Part 1) section 82 registered adoption society section 2(2) registers of live-births (in relation to Chapter 5 of Part 1) section 82 registration authority (in Part 1) section 144 regulations section 144 relative section 144, read with section 1(8) . . . . . . rules section 144 Scottish adoption agency section 144(3) Scottish adoption order section 144 specific issue order section 8(1) of the 1989 Act subordinate legislation section 144 supervision order section 31(11) of the 1989 Act unitary authority section 144 voluntary organisation section 2(5)