"Together for Safety" - Poster for Municipal Community Safety Councils
After section 11 of the Children Act 1989 (c. 41) insert—
After section 11G of the Children Act 1989 (c. 41) (as inserted by section 1) insert—
After section 11H of the Children Act 1989 (c. 41) (as inserted by section 2) insert—
After section 11I of the Children Act 1989 (as inserted by section 3) insert—
Schedule 1 (which contains a Schedule to be inserted before Schedule 1 to the Children Act 1989 (c. 41)) has effect.
After section 11N of the Children Act 1989 (as inserted by section 4) insert—
Section 16 of the Children Act 1989 (c. 41) (family assistance orders) is amended as follows.
In subsection (3) (requirements for making an order), omit paragraph (a) (requirement that circumstances of case be exceptional).
After subsection (4) insert—
In subsection (5) (maximum duration of order) for “six months” substitute “ twelve months ”.
For subsection (6) substitute—
After section 16 of the Children Act 1989 (c. 41) insert—
This section applies to any contact order under section 8 of the Children Act 1989 made before, and in force on, the relevant date.
For so long as a contact order to which this section applies continues in force on and after the relevant date without being varied, the circumstances in which a notice under section 11I of the Children Act 1989 is to be attached to the contact order include—
where an application for such a notice to be attached to the contact order is made by a person who, as regards the order, falls within any of paragraphs (a) to (d) of section 11J(5) of the Children Act 1989;
where, in any family proceedings, a question arises with respect to the contact order.
Where the person proposing to apply under subsection (2)(a) is the child with respect to whom the contact order was made, subsections (6) and (7) of section 11J have effect in relation to the application under subsection (2)(a) as they have effect in relation to an application under section 11J for an enforcement order.
If a failure to comply with a contact order to which this section applies occurs while the contact order continues in force as described in subsection (2), each of sections 11K(1) and 11P(1) of the Children Act 1989 is to have effect, in relation to the failure, as if for paragraphs (a) and (b) there were substituted “ a notice under section 11I relating to the contact order ”.
In this section “relevant date” means the day on which sections 3 to 5 come into force.
This section applies if the Secretary of State has reason to believe that, because of practices taking place in a country or territory outside the British Islands (the “other country”) in connection with the adoption of children, it would be contrary to public policy to further the bringing of children into the United Kingdom in the cases mentioned in subsection (2).
The cases are that a British resident—
wishes to bring, or cause another to bring, a child who is not a British resident into the United Kingdom for the purpose of adoption by the British resident, and, in connection with the proposed adoption, there have been, or would have to be, proceedings in the other country or dealings with authorities or agencies there, or
wishes to bring, or cause another to bring, into the United Kingdom a child adopted by the British resident under an adoption effected, within the period of twelve months ending with the date of the bringing in, under the law of the other country.
It is immaterial whether the other country is a Convention country or not.
The Secretary of State may by order declare, in relation to any such country or territory, that special restrictions are to apply for the time being in relation to the bringing in of children in the cases mentioned in subsection (2).
Before making an order containing such a declaration the Secretary of State must consult—
the National Assembly for Wales, and
the Department of Health, Social Services and Public Safety in Northern Ireland.
A country or territory in relation to which such a declaration has effect for the time being is referred to below in this section as a “restricted country”.
The Secretary of State must publish reasons for making the declaration in relation to each restricted country.
The Secretary of State must publish a list of restricted countries (“the restricted list”) and keep the list up to date.
The restricted list and the reasons are to be published in whatever way the Secretary of State thinks appropriate for bringing them to the attention of adoption agencies and members of the public.
In this section—
“British resident” means a person habitually resident in the British Islands, and the reference to adoption by a British resident includes adoption by a British resident and another person,
“the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at The Hague on 29th May 1993,
“Convention country” means a country or territory in which the Convention is in force.
The Secretary of State must keep under review, in relation to each restricted country, whether it should continue to be a restricted country.
If the Secretary of State determines, in relation to a restricted country, that there is no longer reason to believe what is mentioned in subsection (1) of section 9, he must by order revoke the order containing the declaration made in relation to it under subsection (4) of that section.
Before making a determination under subsection (2), the Secretary of State must consult—
the National Assembly for Wales, and
the Department of Health, Social Services and Public Safety in Northern Ireland.
In this section, “restricted country” has the same meaning as in section 9.
The special restrictions mentioned in section 9(4) are that, except as mentioned in subsection (2) of this section, the appropriate authority is not to take any step which he or it might otherwise have taken in connection with furthering the bringing of a child into the United Kingdom in the cases mentioned in section 9(2) (whether or not that step is provided for by or by virtue of any enactment).
But nothing in subsection (1) prevents the appropriate authority from taking those steps if, in any particular case, the prospective adopters satisfy— that the appropriate authority should take those steps despite the special restrictions.
the appropriate authority, or
in relation to Northern Ireland, in a case which is not a Convention case, the Secretary of State,
The Secretary of State may make regulations providing for—
the procedure to be followed by the appropriate authority (or, if subsection (2)(b) applies, the Secretary of State) in determining whether or not he or it is satisfied as mentioned in subsection (2),
matters which the appropriate authority (or the Secretary of State) is to take into account when making such a determination (whether or not he or it also takes other matters into account).
In this section— and “the Convention” and “Convention country” have the meanings given by section 9(10).
“the appropriate authority” means, in a Convention case, the Central Authority in relation to England, to Wales or to Northern Ireland (as the case may be), and in any other case—
in relation to England and Wales, the Secretary of State,
The Family Law Act 1986 (c. 55) is amended as follows.
in relation to Northern Ireland, the Secretary of State (for the purposes of steps which he takes) or the Department of Health, Social Services and Public Safety in Northern Ireland (for the purposes of steps which it takes),
Section 5 (power of court to refuse application or stay proceedings) is amended as follows. After subsection (2) (stay where more appropriate for matters to be determined in proceedings outside England and Wales) insert— After subsection (3A) (removal of stay granted under Article 15) insert—
In section 29 (enforcement), in subsection (1) after “enforcing the order” insert “ (including, where an order with respect to contact is registered in England and Wales, the powers under section 11O of the Children Act 1989) ”.
In section 30 (staying or sisting of enforcement proceedings), after subsection (1) insert—
In section 31 (dismissal of enforcement proceedings), after subsection (1) insert—
“the appropriate authority” means, in a Convention case, the Central Authority in relation to England, to Wales or to Northern Ireland (as the case may be), and in any other case—
in relation to England and Wales, the Secretary of State,
in relation to Northern Ireland, the Secretary of State (for the purposes of steps which he takes) or the Department of Health, Social Services and Public Safety in Northern Ireland (for the purposes of steps which it takes),
“Convention case” means a case where—
the child is intended to be adopted under an adoption order which, by virtue of regulations under section 1 of the 1999 Act or section 1 of the 2001 Act (as appropriate), is made as a Convention adoption order, or
the child is intended to be adopted under 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,
“Convention case” means a case where—
The Secretary of State may make regulations providing—
for him to specify in the restricted list, in relation to any restricted country, a step which is not otherwise provided for by or by virtue of any enactment but which, by virtue of the arrangements between the United Kingdom and that country, the appropriate authority normally takes in connection with the bringing in of a child where that country is concerned, and
that, if such a step has been so specified in relation to a restricted country, one or more conditions specified in the regulations are to be met in respect of a child brought into the United Kingdom in either of the cases mentioned in section 9(2) (reading the reference there to the “other country” as being to the restricted country in question).
Those conditions are in addition to any provided for by virtue of— or under or by virtue of any other enactment.
section 83 of the Adoption and Children Act 2002 (c. 38) (restriction on bringing children in), or
Article 58ZA of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) (restriction on bringing children in),
A person who brings, or causes another to bring, a child into the United Kingdom is guilty of an offence if any condition required to be met by virtue of subsection (1)(b) is not met.
Subsection (3) does not apply if the step specified in the restricted list in relation to any country had already been taken before the publication of the restricted list.
A person guilty of an offence under subsection (3) is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court (in England and Wales) or 6 months (in Northern Ireland), or a fine not exceeding the statutory maximum, or both,
on conviction on indictment, to imprisonment for a term not exceeding 12 months, or a fine, or both.
In relation to an offence committed before 2 May 2022, the reference in subsection (5)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months. This subsection does not extend to Northern Ireland.
In this section—
“the appropriate authority” has the meaning given by section 11(4),
“restricted country” and “restricted list” have the same meanings as in section 9.
After section 91 of the Adoption and Children Act 2002 (c. 38) insert—
In section 83 of the Adoption and Children Act 2002 (restriction on bringing children into the United Kingdom), in subsection (1)(b), for “six” substitute “ twelve ”.
The amendment made by subsection (1) applies only in relation to a child adopted under an external adoption (see section 83(3) of the Adoption and Children Act 2002 (c. 38)) effected after subsection (1) comes into force.
In Schedule 8 to the Children Act 1989 (c. 41) (privately fostered children), in paragraph 5 (as amended by paragraph 73 of Schedule 3 to the Adoption and Children Act 2002), after sub-paragraph (c) add— “ or while he is a child in respect of whom a local authority have functions by virtue of regulations under section 83(6)(b) of the Adoption and Children Act 2002 (which relates to children brought into the United Kingdom for adoption), or corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations to give effect to Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption). ”
Schedule 2 (minor and consequential amendments) has effect.
Schedule 3 (repeals) has effect.
Any power to make regulations conferred by this Act on the Secretary of State is exercisable by statutory instrument.
The power to make and revoke an order under section 9(4) is also exercisable by statutory instrument.
A statutory instrument mentioned in subsection (1) or (2) is to be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations made under this Act may make different provision for different purposes.
A power to make regulations 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.
This Act may be cited as the Children and Adoption Act 2006.
Except as provided in subsection (3), the preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
Section 13, so far as relating to adoptions and prospective adoptions in relation to which the National Assembly for Wales may charge a fee under section 91A of the Adoption and Children Act 2002 (c. 38), shall come into force on such day as the National Assembly for Wales may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
Before making an order under subsection (2) the Secretary of State must consult the National Assembly for Wales.
Before making an order under subsection (2) bringing sections 9 to 12 into force, the Secretary of State must consult the Department of Health, Social Services and Public Safety in Northern Ireland.
Subject to subsections (7) and (8), this Act extends to England and Wales only.
The amendment or repeal of an enactment has the same extent as the enactment to which it relates.
The following provisions of this Act extend also to Northern Ireland—
sections 9 to 11;
section 12(1) to (5) and (7);
section 16;
this section.
Section 4
Before Schedule 1 to the Children Act 1989 (c. 41) insert—
Section 15
In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) (staying of matrimonial proceedings: England and Wales), paragraph 11 (effect of staying matrimonial proceedings on court's power to make certain orders) is amended as follows. After sub-paragraph (4) insert— In sub-paragraph (5) (certain powers of court not affected) at the beginning insert “ Except as provided in sub-paragraph (4B), ”.
The Children Act 1989 (c. 41) is amended as follows.
In section 14B (making of special guardianship orders), in subsection (1)—
omit the “and” at the end of paragraph (a), and
after paragraph (b) insert—
In section 91 (effect and duration of orders etc) after subsection (2) insert—
In section 104 (regulations and orders)—
in subsection (1) for “or the Secretary of State” substitute “ , the Secretary of State or the National Assembly for Wales ”;
after subsection (2) insert—
“contact activity condition” has the meaning given by section 11C; “contact activity direction” has the meaning given by section 11A; “enforcement order” has the meaning given by section 11J;
the child is intended to be adopted under an adoption order which, by virtue of regulations under section 1 of the 1999 Act or section 1 of the 2001 Act (as appropriate), is made as a Convention adoption order, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Adoption and Children Act 2002 (c. 38) is amended as follows.
Section 26 (effect on contact of placing a child for adoption) is amended as follows. In subsection (1), after “have effect” insert “ and any contact activity direction relating to contact with the child is discharged ”. In subsection (6), after “In this section,” insert “ “contact activity direction” has the meaning given by section 11A of the 1989 Act and ”.
Section 15 Short title and chapter Extent of repeal Children Act 1989 (c. 41) In section 14B(1), the word “and” at the end of paragraph (a). Section 16(3)(a).