Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Adoption and Children Act (Northern Ireland) 2022

Type Act of the Northern Ireland Assembly

Publication 2022-04-27

Last updated 2024-11-01

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

(2) In paragraph (1) after “subject to the provisions of this Article” insert “and the authority’s duty under Article 26(1)(a)”.

(3) After paragraph (6) insert—

(6A) Where (by virtue of an order under this Article, or because paragraph (6) applies) an authority is authorised to refuse to allow contact between the child and a person who is mentioned in sub-paragraphs (a) to (c) of Article 29(1), Article 29(1) does not require the authority to endeavour to promote contact between the child and that person.

(4) In paragraph (8) before sub-paragraph (a) insert—

(za) what an authority must have regard to in considering whether contact between a child and a person who is mentioned in any of sub-paragraphs (a) to (d) of paragraph (1) is consistent with safeguarding and promoting the child’s welfare;

(5) In paragraph (11) after the word “Before” insert “making, varying or discharging an order under this Article or”.

Persons authorised to act as children’s court guardian

136

(1) In Article 60 of the Children Order (representation of child and of the child’s interests in certain proceedings), in paragraph (7) (establishment of panels)—

(a) for “for the establishment of panels of persons from whom” substitute “that”;

(b) at the end add “from persons employed or approved for that purpose by such special agency or other public body as may be prescribed”.

(2) In paragraph (9) of that Article (regulations)—

(a) in sub-paragraph (a) for the words from “constitution” to the end substitute “employment or approval of persons for the purposes of this Article by such special agency or other public body as may be prescribed”; and

(b) omit sub-paragraph (b).

Renaming of guardians ad litem

137

(1) A guardian ad litem is to be known as a children’s court guardian.

(2) In Articles 60 and 61 of the Children Order (guardians ad litem)—

(a) for “guardian ad litem” (wherever occurring) substitute “children’s court guardian”;

(b) for “guardians ad litem” (wherever occurring) substitute “children’s court guardians”.

(3) In the cross-heading preceding Article 60 for “Guardians ad litem” substitute “Children’s court guardians”.

(4) In each of the following for “guardian ad litem” substitute “children’s court guardian”—

(a) paragraph 6 of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services);

(b) paragraph 1(6) of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (regulated activity);

(5) Any reference in any other statutory provision to a guardian ad litem is to be read as a reference to a children’s court guardian.

Interests of children in proceedings

138

In Article 60 of the Children Order (specified proceedings), in paragraph (6), after sub-paragraph (h) insert—

(ha) on an application for the making of a special guardianship order with respect to a child who is the subject of a care order;

Definition of privately fostered child

139

(1) In Article 107 of the Children Order (privately fostered children further defined), paragraph (7) is amended as follows.

(2) In sub-paragraph (a)—

(a) in head (i), for “Article 3 of the Adoption Order” substitute “section 2 of the Adoption and Children Act (Northern Ireland) 2022”;

(b) in head (ii), for “section 1 of the Adoption Act 1976” substitute “section 2 of the Adoption and Children Act 2002”.

(3) Omit sub-paragraph (b).

(4) At the end add—

(c) an authority has functions in respect of the child by virtue of— (i) regulations under section 82(6)(b) of the Adoption and Children Act (Northern Ireland) 2022, or (ii) corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001.

Welfare of children who will be privately fostered

140

(1) Article 108 of the Children Order (welfare of privately fostered children) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a)—

(i) after “who are” insert “or are proposed to be”;

(ii) after “is being” insert “or will be”;

(b) in sub-paragraph (b) for “caring for” substitute “concerned with”.

(3) After paragraph (2) insert—

(2A) Regulations under paragraph (2)(b) may impose requirements as to the action to be taken by an authority for the purposes of discharging the authority’s duty under paragraph (1) where the authority has received notification that a child is proposed to be privately fostered.

(4) In paragraph (3)—

(a) after “visit privately fostered children” insert “or children who are proposed to be privately fostered”;

(b) in sub-paragraph (a) omit “or”;

or (c) it is proposed to accommodate any child who is proposed to be privately fostered in any such premises,

(5) In paragraph (5)—

(a) after “who is” insert “or is proposed to be”;

(b) after “is being” insert “or will be”.

Notification of fostering: public awareness

141

After Article 112 of the Children Order insert—

(112A) Every authority must promote public awareness within its area of requirements as to notification for which provision is made under Article 112

Privacy for children in proceedings

142

In Article 170 of the Children Order (privacy for children in specified proceedings), after paragraph (9) insert—

(9A) It is not a contravention of this Article to— (a) enter material in the Northern Ireland Adoption and Children Act Register (established under section 144 of the Adoption and Children Act (Northern Ireland) 2022; or (b) permit persons to search and inspect that register pursuant to regulations made under section 149 of that Act.

Report on the operation of the Children Order

143

(1) Article 181 of the Children Order (annual report) is amended as follows.

(2) In the title, for “Annual report” substitute “Report on the operation of this Order”.

(3) The existing text becomes paragraph (1).

(4) In that paragraph, for the words from “cause an” to the end, substitute “cause a general report on the operation of this Order to be prepared and laid before the Assembly at least once every three years.”.

(5) After that paragraph, add—

(2) The first report under paragraph (1) must be prepared and laid before the Assembly within the period of three years beginning on the date on which the Adoption and Children Act (Northern Ireland) 2022 receives Royal Assent.

PART 3 — Miscellaneous and supplementary

Northern Ireland Adoption and Children Act Register

144

(1) The Department must establish and maintain a register, to be called the Northern Ireland Adoption and Children Act Register, containing—

(a) prescribed information about children who are suitable for adoption, children for whom an adoption authority is considering adoption and prospective adopters who are suitable to adopt a child;

(b) prescribed information about persons included in the register in pursuance of paragraph (a) in respect of things occurring after their inclusion.

(2) Regulations may provide that the register may contain—

(a) prescribed information about children who an English, a Welsh or a Scottish adoption agency is satisfied are suitable for adoption;

(b) prescribed information about prospective adopters who an English, a Welsh or a Scottish adoption agency is satisfied are suitable to adopt a child;

(c) prescribed information about persons included in the register in pursuance of paragraph (a) or (b) in respect of things occurring after their inclusion.

(3) For the purpose of giving assistance in finding persons with whom children may be placed for purposes other than adoption, regulations under this section may—

(a) provide for the register to contain information about such persons and the children who may be placed with them; and

(b) apply any of the other provisions of this group of sections (that is, this section and sections 145 to 151), with or without modifications.

(4) The register is not to be open to public inspection or search (subject to regulations under section 149).

(5) Regulations under this section may make provision about the retention of information in the register.

(6) Information is to be kept in the register in any form the Department considers appropriate.

Use of an organisation to establish the register

145

(1) The Department may make an arrangement with an organisation under which any function of the Department under section 144 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 the Department’s behalf.

(2) The arrangement may include provision for payments to be made to the organisation by the Department.

(3) If the Department 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 Department.

(4) 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.

Use of an organisation as an agency for payments

146

(1) Regulations may authorise an organisation with which an arrangement is made under section 145 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.

(2) The organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Department.

Supply of information for the register

147

(1) Regulations may require adoption agencies to give prescribed information to the Department or the registration organisation for entry in the register.

(2) Information is to be given to the Department or the registration organisation when required by the regulations and in the prescribed form and manner.

(3) Regulations may make provision enabling adoption agencies to enter prescribed information in the register.

(4) Information that is to be entered in the register by adoption agencies is to be entered in the prescribed form and manner.

(5) Regulations may require an agency giving information which is entered on the register or entering information in the register to pay a prescribed fee to the Department or the registration organisation.

(6) But an adoption agency is not to disclose any information to the Department or the registration organisation or to enter any information in the register—

(a) 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;

(b) about children suitable for adoption or for whom an adoption authority is considering adoption, or persons who were included in the register as such children, without the consent of the prescribed person.

(7) Consent under subsection (6) is to be given in the prescribed form.

Disclosure of information

148

(1) Information entered in the register, or compiled from information entered in the register, may only be disclosed under subsection (2), (3) or (4), section 149 or section 150.

(2) Prescribed information entered in the register may be disclosed by the Department or the registration organisation—

(a) where an adoption agency is acting on behalf of a child who is suitable for adoption or for whom an adoption authority is considering adoption, to the agency to assist in finding prospective adopters with whom it would be appropriate for the child to be placed;

(b) 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.

(3) Regulations may make provision permitting the disclosure of prescribed information entered in the register, or compiled from information entered in the register—

(a) to an adoption agency or to an English, a Welsh or a Scottish adoption agency for any prescribed purpose; or

(b) for the purpose of enabling the information to be entered in a register which is maintained in respect of England, Wales or Scotland and which contains information about children who are suitable for adoption or prospective adopters who are suitable to adopt a child.

(4) Prescribed information entered in the register, or compiled from information entered in the register, may be disclosed by the Department or the registration organisation to any prescribed person for use for statistical or research purposes, or for other prescribed purposes.

(5) Regulations may prescribe the steps to be taken by adoption agencies in respect of information received by them by virtue of subsection (2) or (3).

(6) Subsection (1) does not apply to a disclosure of information with the authority of the Department.

(7) Information disclosed to any person under subsection (2), (3) or (4) may be given on any prescribed terms or conditions.

(8) Regulations may, in prescribed circumstances, require a prescribed fee to be paid to the Department or the registration organisation—

(a) by a prescribed adoption agency in respect of information disclosed under subsection (2) or (3);

(b) by a prescribed English, Welsh or Scottish adoption agency in respect of information disclosed under subsection (3); or

(9) 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.

(10) A person guilty of an offence under subsection (9) 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.

Search and inspection of the register by prospective adopters

149

(1) 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.

(2) 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.

(3) Access to the register for the purpose of searching and inspecting it may be granted on any prescribed terms and conditions.

(4) 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.

(5) Regulations may make provision requiring prospective adopters, in prescribed circumstances, to pay a prescribed fee to the Department or the registration organisation in respect of searching or inspecting the register.

Search and inspection of the register by adoption agencies

150

(1) Regulations may make provision enabling adoption agencies to search and inspect the register—

(a) where an adoption agency is acting on behalf of a child who is suitable for adoption, to assist the agency in finding prospective adopters with whom it would be appropriate for the child to be placed;

(b) where an adoption agency is acting on behalf of prospective adopters who are suitable to adopt a child, to assist the agency in finding a child appropriate for adoption by them;

(2) Regulations under subsection (1) may make provision enabling adoption agencies to search and inspect only prescribed parts of the register, or prescribed content on the register.

(3) Access to the register for the purpose of searching and inspecting it may be granted on any prescribed terms and conditions.

(4) Regulations may prescribe the steps to be taken by adoption agencies in respect of information received by them as a result of searching or inspecting the register.

(5) Regulations may make provision requiring adoption agencies, in prescribed circumstances, to pay a prescribed fee to the Department or the registration organisation in respect of searching or inspecting the register.

Supplementary

151

(1) In this group of sections—

“English adoption agency” means “an adoption agency” within the meaning of section 131(1)(za) of the Adoption and Children Act 2002;

“organisation” includes a public body and a private or voluntary organisation;

“the register” means the Northern Ireland Adoption and Children Act Register;

“Scottish adoption agency” has the meaning given by section 144(3) of the Adoption and Children Act 2002;

“Welsh adoption agency” has the meaning given by section 131(1)(ca) of the Adoption and Children Act 2002.

(2) For the purposes of this group of sections (except sections 144(2) and 148(3))—

(a) a child is suitable for adoption if an adoption agency is satisfied that the child ought to be placed for adoption;

(b) 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.

(3) For the purposes of sections 144(2) and 148(3)—

(a) a child is suitable for adoption if an English, Welsh or Scottish adoption agency is satisfied that the child ought to be placed for adoption;

(b) prospective adopters are suitable to adopt a child if an English, Welsh or Scottish adoption agency is satisfied that they are suitable to have a child placed with them for adoption.

(4) Nothing authorised or required to be done by virtue of this group of sections constitutes an offence under section 97, 98 or 99.

Supplementary

Time limit within which proceedings may be brought

152

(1) Notwithstanding anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981, summary proceedings for an offence to which this section applies may be brought within a period of six months from the date on which evidence sufficient in the opinion of the complainant to warrant the proceedings came to the complainant’s knowledge; but such proceedings may not be brought by virtue of this section more than six years after the commission of the offence.

(2) For the purposes of this section a certificate signed by or on behalf of the complainant and stating the date on which such evidence as is mentioned in subsection (1) came to the complainant’s knowledge is conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed is to be deemed to be so signed unless the contrary is proved.

(3) This section applies to an offence by virtue of—

section 9;

section 58;

section 97;

section 98;

section 99; or

section 148.

Research and investigations

153

The Department may conduct or promote or assist (by grants or otherwise) any person in conducting research or investigations into any matter connected with the functions under Part 1 of an adoption authority or the Department.

Amendments, transitional and transitory provisions, savings and repeals

154

(1) The statutory provisions set out in Schedule 3 have effect subject to the amendments there specified.

(2) Schedule 4 (transitional and transitory provisions and savings) has effect.

(3) The statutory provisions set out in Schedule 5 are hereby repealed to the extent specified in the second column of that Schedule.

Regulations and orders

155

(1) Regulations other than regulations to which subsection (2) applies are subject to negative resolution.

(2) This subsection applies to regulations under—

(a) section 3(4);

(b) section 9 which include provision made under section 42;

(d) section 52;

(e) section 77;

(f) section 98; or

(g) section 144, 146, 147, 148, 149 or 150,

and to regulations which amend or repeal a provision of an Act of Parliament or Northern Ireland legislation.

(3) Regulations to which subsection (2) applies must not be made unless a draft of them has been laid before, and approved by resolution of, the Assembly.

(4) An order must not be made under—

(a) section 96(6);

(b) section 115(4); or

unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

(5) An order under section 157 other than an order to which subsection (4)(c) applies is subject to negative resolution.

(6) Regulations and orders made under this Act by any Department mentioned in subsection (7) may contain such incidental, supplementary, transitional, transitory or saving provisions as appear to that Department to be necessary or expedient.

(7) The Departments referred to in subsection (6) are—

(a) the Department;

(b) the Department of Finance; and

Rules of court

156

(1) In this Act “rules of court” includes family proceedings rules and county court rules (as well as rules of court as defined in section 21(4) of the Interpretation Act (Northern Ireland) 1954).

(2) In subsection (1) “family proceedings rules” has the meaning given in Article 12(5) of the Family Law (Northern Ireland) Order 1993.

(3) In the case of an application for a placement order, for the variation or revocation of a placement order, or for an adoption order, the rules must require any person mentioned in subsection (4) to be notified—

(a) of the date and place where the application will be heard; and

(b) of the fact that, unless the person wishes or the court requires, the person need not attend.

(4) The persons referred to in subsection (3) are—

(a) 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 18 (or would be required but for subsection (3)(b) of that section) or, if no such person can be found, any relative who can be found;

(b) 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 18 (or would have been required but for subsection (3)(b) of that section);

(i) every person who can be found whose consent to the making of the order is required under subsection (2)(a) of section 44 (or would be required but for subsection (2)(c) of that section) or, if no such person can be found, any relative who can be found;

(ii) every person who has consented to the making of the order under section 17 (and has not withdrawn the consent) unless the person has given a notice under subsection (4)(a) of that section which has effect;

(iii) every person who, if leave were given under section 44(5), would be entitled to oppose the making of the order.

(5) In subsection (4) “relative” means a relative prescribed by rules of court.

(6) Rules of court 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.

Supplementary and consequential provision

157

(1) Any Department mentioned in subsection (2) may by order make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which that Department considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2) The Departments referred to in subsection (1) are—

(a) the Department;

(b) the Department of Finance; and

(3) An order under this section may amend, repeal or modify any statutory provision.

Review

158

(1) The Department must, at least once every three years—

(a) prepare and publish a report on the implementation of each of the provisions of Parts 1 and 2, and

(b) lay a copy of the report before the Assembly.

(2) The first report under subsection (1) must be prepared and published within the period of 3 years beginning with the date on which this Act is passed.

(3) This section expires at the end of the period of ten years beginning with the date on which this Act is passed, but this is subject to subsection (4).

(4) Subsection (3) does not have effect unless all of the provisions of Parts 1 and 2 have been commenced and included in a report under this section.

Interpretation

159

(1) In this Act—

“adoption agency” has the meaning given by section 2;

“adoption authority” has the meaning given by section 2(2);

“adoption order” has the meaning given by section 43(1);

“adoption society” has the meaning given by section 2(2);

“adoption support services” has the meaning given by section 2(6);

“appropriate voluntary organisation” has the meaning given by section 2(3);

“authority foster parent” has the meaning given by Article 2(2) of the Children Order;

“body” includes an unincorporated body;

“care order” has the meaning given by Article 2(2) of the Children Order;

“child”, except where used to express a relationship, means a person who has not attained the age of 18 years;

“child assessment order” has the meaning given in Article 2(2) of the Children Order;

“Children Order” means the Children (Northern Ireland) Order 1995;

“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 adoption” has the meaning given in section 65(1)(c);

“Convention adoption order” means an adoption order which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (regulations giving effect to the Convention), is made as a Convention adoption order;

“Convention country” means a country or territory in which the Convention is in force;

“court” has the meaning given by section 115(1);

“the Department” means the Department of Health;

“fee” includes expenses;

“guardian” has the same meaning as in the Children Order and includes a special guardian within the meaning of the Children Order;

“information” means information recorded in any form;

“interim care order” means an interim care order under Article 57 of the Children Order;

“notice” means a notice in writing;

“notice of intention to adopt” has the meaning given in section 41(2);

“overseas adoption” has the meaning given in section 90(1);

“parental responsibility” has the meaning given in Article 6 of the Children Order;

“placement order” has the meaning given in section 18(1);

“placing a child for adoption” and “placed for adoption” have the meanings given in section 15(5) and section 16(4);

“prescribed”, except in sections 51(7) and (8) and 156(5) and paragraphs 1(4), 3, 4 and 6 of Schedule 1 (where it means prescribed by rules of court), means prescribed by regulations;

“prohibited steps order” has the meaning given in Article 8(1) of the Children Order;

“public body” means a body established by or under any statutory provision;

“regulations” means regulations made by the Department except where they are required to be made by the Department of Finance;

“relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by marriage or civil partnership;

“residence order” has the meaning given in Article 8(1) of the Children Order;

“RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;

“rules of court” has the meaning given in section 156(1);

“Scottish adoption order” means an order made, or having effect as if made, under section 28(1) of the Adoption and Children (Scotland) Act 2007 or section 12 of the Adoption (Scotland) Act 1978;

“specific issue order” has the meaning given in Article 8(1) of the Children Order;

“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“supervision order” has the meaning given in Article 49(1) of the Children Order;

“voluntary organisation” means a body (other than a public body) the activities of which are not carried on for profit.

(2) Any power conferred by this Act to prescribe a fee by regulations includes power to prescribe—

(a) a fee not exceeding a prescribed amount;

(b) a fee calculated in accordance with the regulations;

(3) In this Act “couple” means—

(a) a married couple;

(b) two persons who are civil partners of each other; or

(4) Subsection (3)(c) does not include two people one of whom is the other’s parent, grandparent, sister, brother, aunt or uncle.

(5) References to relationships in subsection (4)—

(a) 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

(b) include the relationship of a child with the child’s adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

(6) 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.

Commencement

160

(1) Except as provided by subsection (2), the provisions of this Act come into operation on such day or days as the Department may by order appoint.

(2) This section and sections 155, 157, 159 and 161 come into operation on the day after the day on which this Act receives Royal Assent.

Short title

161

This Act may be cited as the Adoption and Children Act (Northern Ireland) 2022.

SCHEDULE 1

Registration of adoption orders

1

(1) 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 Department of Finance.

(2) 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”.

(3) 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 Northern Ireland under Part 1 of this Act or any other statutory provision—

(a) sub-paragraph (2) does not apply; and

(b) the order must contain a direction to the Registrar General to mark the previous entry in the Adopted Children Register with the word “Re-adopted”.

(4) 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.

(5) In sub-paragraph (4) “prescribed” means prescribed by rules of court.

Registration of adoptions in Great Britain, the Isle of Man and the Channel Islands

2

(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 Great Britain or in the Isle of Man or the Channel Islands that an order has been made authorising the adoption of a child.

(2) 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—

(a) the word “Adopted”, followed by

(b) the name, in brackets, of the jurisdiction in which the order was made.

(3) If an entry in the Adopted Children Register relates to the child, the Registrar General must mark the entry with—

(a) the word “Re-adopted”, followed by

(b) the name, in brackets, of the jurisdiction in which the order was made.

(4) 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—

(a) the order has been quashed;

(b) an appeal against the order has been allowed; or

the Registrar General must secure that the marking is cancelled.

(5) 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.

Registration of other adoptions

3

(1) If the Registrar General is satisfied, on an application under this paragraph, that there are 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, the Registrar General must make the entry accordingly.

(2) If the Registrar General is also satisfied that an entry in the registers of live-births or other records relates to the child, the Registrar General must—

(a) secure that the entry is marked “Adopted”, followed by the name, in brackets, of the country in which the adoption was effected; or

(b) where appropriate, secure that the overseas registers of births are so marked.

(3) 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.

(4) An entry made in the Adopted Children Register by virtue of this paragraph must be made in the prescribed form.

(5) In this Schedule “registrable foreign adoption” means an adoption which satisfies prescribed requirements and is either—

(a) adoption under a Convention adoption; or

(b) adoption under an overseas adoption.

(6) In this paragraph—

“prescribed” means prescribed by regulations made by the Department of Finance;

“overseas register of births” includes— a register made under regulations made by the Secretary of State under section 41(1)(g) or (h) of the British Nationality Act 1981; a record kept under an Order in Council made under section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (other than a certified copy kept by the Registrar General for England and Wales).

Amendment of orders and rectification of Registers and other records

4

(1) 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.

(2) 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—

(a) has been given to the adopted person (whether in baptism or otherwise); or

(b) has been taken by the adopted person,

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.

(3) 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.

(4) 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.

(5) The Registrar General must then—

(a) amend the entry in the Adopted Children Register accordingly; or

(b) secure that the marking of the entry in the registers of live-births, the Adopted Children Register or other records is cancelled,

as the case may be.

(6) 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—

(a) any entry in the Adopted Children Register; and

(b) any marking of an entry in that Register, the registers of live-births or other records as the case may be, which was effected in pursuance of the order,

is cancelled.

(7) 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 77(2)(b) must be a copy of the entry as amended, without the reproduction of—

(a) any note or marking relating to the amendment; or

(b) any matter cancelled in pursuance of it.

(8) 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.

(9) If the Registrar General is satisfied—

(a) that a registrable foreign adoption has ceased to have effect, whether on annulment or otherwise; or

(b) that any entry or mark was erroneously made in pursuance of paragraph 3 in the Adopted Children Register, the registers of live-births, the overseas registers of births or other records,

the Registrar General may secure that such alterations are made in those registers or other records as the Registrar General considers are required in consequence of the adoption ceasing to have effect or to correct the error.

(10) 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.

(11) In this paragraph—

“overseas register of births” has the same meaning as in paragraph 3;

“prescribed” means prescribed by rules of court.

Marking of entries on re-registration of birth on legitimation

5

(1) Without prejudice to paragraph 2(4) and paragraph 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 Article 19 of the Births and Deaths Registration (Northern Ireland) Order 1976 (re-registration of births of legitimated persons), the entry made on the re-registration must be marked in the like manner.

(2) Without prejudice to paragraph 4(9), where an entry in the register of live-births or other records is marked in pursuance of paragraph 3 and the birth in question is subsequently re-registered under Article 19 of that Order, the entry made on re-registration must be marked in the like manner.

Cancellations in registers on legitimation

6

(1) This paragraph applies where an adoption order is revoked under section 54(1).

(2) 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—

(a) the entry in the Adopted Children Register relating to the adopted person; and

(b) the marking with the word “Adopted” of any entry relating to the adopted person in the registers of live-births or other records.

(3) 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.

(4) In this paragraph “prescribed” means prescribed by rules of court.

SCHEDULE 2

1

(1) On an application made in the prescribed manner by an adopted person—

(a) a record of whose birth is kept by the Registrar General; and

(b) who has attained the age of 18 years,

the Registrar General must give the applicant any information necessary to enable the applicant to obtain a certified copy of the record of the applicant’s birth.

(2) In sub-paragraph (1) “prescribed” means prescribed by regulations made by the Department of Finance.

2

(1) 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—

(a) from an appropriate voluntary organisation, or a registered adoption society within the meaning of section 2(2) of the Adoption and Children Act 2002 or an organisation within section 144(3)(b) of that Act;

(b) if the applicant is in Northern Ireland, from any HSC trust;

(c) if the applicant is in England and Wales, at the General Register Office or from any local authority or registered adoption support agency;

(d) if the applicant is in Scotland, from any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(2) In sub-paragraph (1)(c), “local authority” and “registered adoption support agency” have the same meaning as in the Adoption and Children Act 2002.

(3) 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.

3

Where an adopted person who is in Northern Ireland—

(a) applies for information under paragraph 1;

(b) applies for information under paragraph 1 of Schedule 2 to the Adoption and Children Act 2002; or

any adoption agency must, if asked by the applicant to do so, provide counselling for the applicant.

SCHEDULE 3

PART 1 — Amendments of primary legislation

The Legitimacy Act (Northern Ireland) 1928

1

In section 8A (legitimation of adopted child)—

(a) in subsection (1) after “1987” insert “or section 66 of the Adoption and Children Act (Northern Ireland) 2022;

(b) in subsection (2)—

(i) in paragraph (a) after “40” insert “or subsection (3)(b) of section 66”;

(ii) in paragraph (b) after “42” insert “or section 66, 67 or 68 of the Adoption and Children Act (Northern Ireland) 2022”.

The Births and Deaths Registration (Northern Ireland) Order 1976

2

In Article 37 (registration or alteration of child’s name), in paragraph (1)—

(a) for “Article 52(1)(a) of the Adoption (Northern Ireland) Order 1987” substitute “paragraph 4 of Schedule 1 to the Adoption and Children Act (Northern Ireland) 2022”;

(b) for “Article 50 of that Order” substitute “section 76 of that Act”.

The Child Abduction and Custody Act 1985

3

In Schedule 3 to the Child Abduction and Custody Act 1985 (custody orders), in paragraph 8—

(a) after head (b) insert—

(ba) a special guardianship order (as defined by Article 14A of that Order);

;

(b) in head (c) omit sub-head (v).

The Child Abduction (Northern Ireland) Order 1985

4

(1) Article 3 (offence of abduction of child by parent, etc.) is amended as follows.

(2) In paragraph (2), after sub-paragraph (c) insert—

(ca) he is a special guardian of the child; or

(3) In paragraph (2A), for sub-paragraphs (a) and (b) substitute—

(a) the person is a person in whose favour there is a residence order in force with respect to the child, and the person takes or sends the child out of the United Kingdom for a period of less than one month; or (b) the person is a special guardian of the child and takes or sends the child out of the United Kingdom for a period of less than three months.

(4) In paragraph (3A)(a)—

(a) omit the “or” at the end of head (i);

(b) after that head insert—

(ia) who is a special guardian of the child; or

(5) In paragraph (5)—

(a) in the definition of “the appropriate consent”, in sub-paragraph (a) after head (iii) insert—

(iiia) any special guardian of the child;

;

(b) after ““guardian of a child”,” insert ““special guardian”,”.

5

(1) In the Schedule (modifications of Article 3 for children in certain cases), paragraph 3 is amended as follows.

(2) For sub-paragraphs (1) and (2) substitute—

(1) This paragraph applies where— (a) a child is placed for adoption by an adoption agency under section 16 of the Adoption and Children Act (Northern Ireland) 2022, or an adoption agency is authorised to place the child for adoption under that section; or (b) a placement order under section 18 of the Adoption and Children Act (Northern Ireland) 2022 is in force in respect of the child; or (c) an application for such an order has been made in respect of the child and has not been disposed of; or (d) an application for an adoption order has been made in respect of the child and has not been disposed of; or (e) an order under section 83 of the Adoption and Children Act (Northern Ireland) 2022 (giving parental responsibility prior to adoption abroad), or an application for such an order in respect of the child has been made and has not been disposed of. (2) Where this paragraph applies, Article 3 has effect as if— (a) the reference in paragraph (1) to the appropriate consent were— (i) in a case within sub-paragraph (1)(a), a reference to the consent of each person who has parental responsibility for the child or to the leave of the court; (ii) in a case within sub-paragraph (1)(b), a reference to the leave of the court which made the placement order; (iii) in a case within sub-paragraph (1)(c) or (d), a reference to the leave of the court to which the application was made; (iv) in a case within sub-paragraph (1)(e), a reference to the leave of the court which made the order or, as the case may be, to which the application was made; and (b) paragraphs (2A) to (4) and the definition of “the appropriate consent” in paragraph (5) were omitted.

(3) In sub-paragraph (3)—

(a) in head (a), for “Article 3 of the Adoption (Northern Ireland) Order 1987” substitute “section 2(2) of the Adoption and Children Act (Northern Ireland) 2022”;

(b) in head (b), for “Article 12(1) of that Order” substitute “section 43 of that Act”.

The Mental Health (Northern Ireland) Order 1986

6

In Article 34 (minors under guardianship, etc.), in paragraph (3) after ““guardian”” insert “includes a special guardian (within the meaning of the Children (Northern Ireland) Order 1995), but”.

The Family Law Act 1986

7

In section 1 (orders to which Part 1 applies), in subsection (1) after paragraph (c) insert—

(ca) a special guardianship order made by a court in Northern Ireland under the Children (Northern Ireland) Order 1995; (cb) an order made under section 23 of the Adoption and Children Act (Northern Ireland) 2022 (contact), other than an order varying or revoking such an order; (cc) an order made under section 49 of the Adoption and Children Act (Northern Ireland) 2022 (post-adoption contact), other than an order varying or revoking such an order;

8

In section 19 (jurisdiction: general), after subsection (1) insert—

(1A) A court in Northern Ireland shall not have jurisdiction to make a special guardianship order under the Children (Northern Ireland) Order 1995 unless the condition in section 20 of this Act is satisfied. (1B) A court in Northern Ireland shall not have jurisdiction to make an order under section 23 of the Adoption and Children Act (Northern Ireland) 2022 unless the condition in section 20 of this Act is satisfied. (1C) A court in Northern Ireland shall not have jurisdiction to make an order under section 49 of the Adoption and Children Act (Northern Ireland) 2022 unless— (a) it has jurisdiction under the Council Regulation or the Hague Convention, or (b) neither the Council Regulation nor the Hague Convention applies but the condition in section 20 of this Act is satisfied.

The Adoption (Northern Ireland) Order 1987

9

In Article 39 (meaning of “adoption” in Part 5), in paragraph (2) after “this Part” insert “but does not include an adoption of a kind mentioned in sub-paragraphs (c) to (d) of paragraph (1) effected on or after the day on which Chapter 4 of Part 1 of the Adoption and Children Act (Northern Ireland) 2022 comes into operation”.

The Matrimonial and Family Proceedings (Northern Ireland) Order 1989

10

In Article 33 (declarations as to adoptions effected overseas)—

(a) in paragraph (1)(a), for “Article 2(2) of the Adoption (Northern Ireland) Order 1987” substitute “section 159(1) of the Adoption and Children Act (Northern Ireland) 2022”;

(b) in paragraph (2)(a), for “Article 40 of the Adoption (Northern Ireland) Order 1987” substitute “section 66 of the Adoption and Children Act (Northern Ireland) 2022”.

The Armed Forces Act 1991

11

In section 17(4) (persons to be given notice of application for service family child assessment order), after paragraph (db) insert—

(dc) any person in whose favour an order under section 49 of the Adoption and Children Act (Northern Ireland) 2022 (post-adoption contact) is in force with respect to the child;

12

In section 18(7) (persons who may apply to vary or discharge a service family child assessment order), after paragraph (db) insert—

(dc) any person in whose favour an order under section 49 of the Adoption and Children Act (Northern Ireland) 2022 (post-adoption contact) is in force with respect to the child;

13

In section 20(8) (persons who are to be allowed reasonable contact with a child subject to a protection order), after paragraph (cb) insert—

(cc) any person in whose favour an order under section 49 of the Adoption and Children Act (Northern Ireland) 2022 (post-adoption contact) is in force with respect to the child;

14

In section 22A(7) (persons who are to be allowed reasonable contact with a child in service police protection), after paragraph (cb) insert—

(cc) any person in whose favour an order under section 49 of the Adoption and Children Act (Northern Ireland) 2022 (post-adoption contact) is in force with respect to the child;

15

In Article 10A (definition of “social care and children functions”), in paragraph (1)(e), for “Adoption (Northern Ireland) Order 1987” substitute “Adoption and Children Act (Northern Ireland) 2022”.

The Child Support (Northern Ireland) Order 1991

16

In Article 4 (meaning of certain other terms used in the Order), in paragraph (4) after sub-paragraph (b) insert—

(ba) special guardians (within the meaning of Article 14A of the Children (Northern Ireland) Order 1995);

17

In Article 27 (disputes about parentage), in paragraph (3) after “1987” insert “or Chapter 4 of Part 1 of the Adoption and Children Act (Northern Ireland) 2022”.

18

(1) Section 167ZBA (entitlement: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In subsection (1)—

(a) omit “who is looked after by an authority and”;

(b) for “the authority” substitute “an authority”;

(d) omit “, in the circumstances mentioned in paragraph (2),”

(e) for “an approved foster parent who is also an approved prospective adopter” substitute “a person who is approved as an authority foster parent and approved as a prospective adopter”.

(3) Omit subsection (2).

(4) In subsection (3)—

(a) for “as if the following references or definitions were such references or definitions as may be prescribed” substitute “with the following modifications”;

(b) in paragraph (a) at the end add “are to be treated as references to the child being placed under Article 27 in that manner”;

(c) in paragraph (b) at the end add “is to be treated as a reference to the week in which the prospective adopter is notified that the child is to be, or is expected to be, placed with the prospective adopter under Article 27”;

(d) in paragraph (c) at the end add “is to be treated as a reference to placement under Article 27”;

(e) in paragraph (d) at the end add “is to be treated as if it were a definition of “prospective adopter””.

(5) In subsection (4), for “as mentioned in those subsections” substitute “under Article 27 of the Children (Northern Ireland) Order 1995”.

(6) In subsection (5)—

(a) for the definitions of “approved foster parent” and “approved prospective adopter” substitute—

“approved as an authority foster parent” and “approved as a prospective adopter” have the meanings given by Article 27(9D) of the Children (Northern Ireland) Order 1995;

;

(b) omit the definition of “child who is looked after by an authority”.

(7) Omit subsection (6).

19

In section 167ZL (statutory adoption pay: entitlement), in subsection (4A) for “the Adoption (Northern Ireland) Order 1987 (see Article 2(6) to (8) of that Order)” substitute “the Adoption and Children Act (Northern Ireland) 2022 (see section 159(3) of that Act)”.

20

(1) Section 167ZLA (entitlement: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In subsection (1)—

(a) omit “who is looked after by an authority and”;

(b) for “the authority” substitute “an authority”;

(d) omit “, in the circumstances mentioned in paragraph (2),”

(e) for “an approved foster parent who is also an approved prospective adopter” substitute “a person who is approved as an authority foster parent and approved as a prospective adopter”.

(3) Omit subsection (2).

(4) In subsection (3)—

(a) for “as if the following references or definitions were such references or definitions as may be prescribed” substitute “with the following modifications”;

(b) in paragraph (a) at the end add “is to be treated as a reference to the child being placed under Article 27 in that manner”;

(c) in paragraph (b) at the end add “is to be treated as a reference to the week in which the prospective adopter is notified that the child is to be, or is expected to be, placed with the prospective adopter under Article 27”;

(d) in paragraph (c) at the end add “is to be treated as a reference to placement, or expected placement, under Article 27”.

(5) In subsection (4) for “as mentioned in subsection (1)” substitute “under Article 27 of the Children (Northern Ireland) Order 1995”.

(6) In subsection (5)—

(a) for ““approved foster parent”, “approved prospective adopter”,” substitute ““approved as an authority foster parent”, “approved as a prospective adopter” and”;

(b) omit “and “child who is looked after by an authority””.

21

(1) Section 167ZY (entitlement: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In paragraph (1)—

(a) omit “who is looked after by an authority and”;

(b) for “the authority” substitute “an authority”;

(d) omit “, in the circumstances mentioned in paragraph (2),”

(e) for “an approved foster parent who is also an approved prospective adopter” substitute “a person who is approved as an authority foster parent and approved as a prospective adopter”.

(3) Omit subsection (2).

(4) In subsection (3) for the words from “as if” to the end substitute “, with the following modifications—

(a) the references to a child being placed for adoption under the law of any part of the United Kingdom are to be treated as references to being placed under Article 27 of the Children (Northern Ireland) Order 1995 with a person who is approved as an authority foster parent and approved as a prospective adopter;

(b) the references to a placement for adoption are to be treated as references to placement under Article 27 of the Children (Northern Ireland) Order 1995 with such a person.

(5) In subsection (4)—

(a) for ““approved foster parent”, “approved prospective adopter”,” substitute ““approved as an authority foster parent”, “approved as a prospective adopter” and”;

(b) omit “and “child who is looked after by an authority””.

The Children (Northern Ireland) Order 1995

22

In Article 2 (interpretation), in paragraph (2)—

(a) omit the definition of “Adoption Order”;

(b) insert the following at the appropriate places—

“adoption order” means an adoption order within the meaning of section 43(1) of the Adoption and Children Act (Northern Ireland) 2022

;

“Article 50A plan” has the meaning given by Article 50A(6);

;

“special guardian” and “special guardianship order” have the meanings given by Article 14A;

; and

23

In Article 7 (acquisition of parental responsibility), in paragraph (1B)—

(a) in sub-paragraph (a) for “Article 17 of the Adoption Order” substitute “section 16 of the Adoption and Children Act (Northern Ireland) 2022”;

(b) in sub-paragraph (b) for “Article 57 of the Adoption Order” substitute “section 83 of the Adoption and Children Act (Northern Ireland) 2022”.

24

In Article 8 (residence, contact and other orders with respect to children), in paragraph (4), for sub-paragraph (e) substitute—

(e) the Adoption and Children Act (Northern Ireland) 2022;

25

In Article 9 (restrictions on making Article 8 orders), in paragraph (5)(a) after “order” insert “or an order under section 49 of the Adoption and Children Act (Northern Ireland) 2022 (post-adoption contact)”.

26

In Article 10 (power of court to make Article 8 orders)—

(a) in paragraph (4)(a), for “or guardian” substitute “, guardian or special guardian”;

(b) after paragraph (5) insert—

(5A) An authority foster parent is entitled to apply for a residence order with respect to a child if the child has lived with the authority foster parent for a period of at least one year immediately preceding the application.

;

(7A) If a special guardianship order is in force with respect to a child, an application for a residence order may only be made with respect to the child, if apart from this paragraph the leave of the court is not required, with such leave.

27

In Article 12 (residence orders and parental responsibility), in paragraph (3)—

(a) in sub-paragraph (a) for “Article 17 of the Adoption Order” substitute “section 16 of the Adoption and Children Act (Northern Ireland) 2022”;

(b) in sub-paragraph (b), for “Article 57 of the Adoption Order” substitute “section 83 of the Adoption and Children Act (Northern Ireland) 2022”.

28

In Article 16 (family assistance orders), in paragraph (2)(a) for “or guardian” substitute “, guardian or special guardian”.

29

In Article 22 (powers of person with parental responsibility), in paragraph (3) omit the “or” at the end of sub-paragraph (a) and after that sub-paragraph insert—

(aa) who is a special guardian of the child; or

30

In Article 28 (regulations under Article 27), in paragraph (1) omit sub-paragraph (d).

31

In Article 33 (arrangements to assist children to live abroad)—

(a) in paragraph (4) after “guardian,” insert “special guardian,”;

(b) in paragraph (6) for the words from the beginning to “adoption)” substitute “Section 84 of the Adoption and Children Act (Northern Ireland) 2022 (restrictions on taking children out)”;

(9) This Article does not apply to an authority placing a child for adoption with prospective adopters.

32

In Article 34E (personal advisers)—

(a) in paragraph (1)—

(i) for “21” substitute “25 (or such other age as may be prescribed)”;

(ii) in sub-paragraph (b) omit “or”;

(iii) after sub-paragraph (c) insert

; or (d) persons to whom Article 34DC applies.

;

(b) after paragraph (2) insert—

(3) Where an authority ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duties under this Part to provide a personal adviser for the person. (4) Where an authority has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the authority is not required to provide more than one personal adviser for the person).

33

In Article 34F (pathway plans)—

(a) in paragraph (1)—

(i) after sub-paragraph (a) (but before the “and” at the end) insert—

(aa) in the case of a plan prepared under Article 34DB, the advice and support that the authority intend to provide;

;

(ii) in sub-paragraph (b) after “Article 34C” insert “or Article 34DC”;

(b) after paragraph (1) insert—

(1A) An authority may carry out an assessment under Article 34DB(5) of a person’s needs at the same time as any assessment of the person’s needs is made under Article 34DC(3). (1B) The Department may by regulations make provision as to assessments for the purposes ofArticle 34C(3), 34DB(5) or 34DC. (1C) Regulations under paragraph (1B) may in particular make provision about— (a) who is to be consulted in relation to an assessment; (b) the way in which an assessment is to be carried out, by whom and when; (c) the recording of the results of an assessment; (d) the considerations to which an authority is to have regard in carrying out an assessment. (1D) An authority must keep each pathway plan prepared by them underArticle 34C, 34DB or 34DC under review.

34

In Article 35 (persons qualifying for advice and assistance)—

(a) for paragraph (1) substitute—

(1) In this Part “a person qualifying for advice and assistance” means a person to whom paragraph (1A) or (1B) applies. (1A) This paragraph applies to a person— (a) who has reached the age of 16 but not the age of 21; (b) with respect to whom a special guardianship order is in force (or, if the person has reached the age of 18, was in force when the person reached that age); and (c) who was, immediately before the making of that order, looked after by an authority. (1B) This paragraph applies to a person to whom paragraph (1A) does not apply, and who— (a) is under 21; and (b) at any time after reaching the age of 16 but while still a child was, but is no longer, looked after, accommodated or fostered.

;

(b) in paragraph (2), for “paragraph (1)(b)” substitute “paragraph (1B)(b)”;

(za) in the case of a person to whom paragraph (1A) applies, an authority determined in accordance with regulations made by the Department;

35

In Article 35A (advice and assistance for qualifying persons)—

(a) in paragraph (2)(b), after “a person” insert “to whom Article 35(1A) applies, or to whom Article 35(1B) applies and”;

(b) in paragraph (3)(a), after “if” insert “he is a person to whom Article 35(1A) applies, or he is a person to whom Article 35(1B) applies and”.

36

In Article 35B (assistance with employment, education and training)—

(a) in each of paragraphs (1) and (3)(b) after “of” insert “Article 35(1A) or”;

(b) in paragraph (3)(a) for “24” substitute “25 (or such other age as may be prescribed)”.

37

In Article 52 (effect of care order)—

(a) in paragraph (3)(b) for “or guardian” substitute “, guardian or special guardian”;

(b) in paragraph (5) for “a parent or guardian of the child who has care of him” substitute “a person mentioned in that provision who has care of the child”;

(i) in head (i) for “Article 17 of the Adoption Order” substitute “section 16 of the Adoption and Children Act (Northern Ireland) 2022”;

(ii) in head (ii) for “Article 57 of that Order” substitute “section 83 of the Adoption and Children Act (Northern Ireland) 2022”;

(d) in paragraph (9) for “a parent or guardian of the child” substitute “a person mentioned in that provision”.

38

In Article 53 (parental contact etcwith children in care)—

(a) in paragraph (1)(b) after “guardian” insert “or special guardian”; and

(b) after paragraph (1)(b) insert—

(ba) any person who by virtue of Article 7(1A) has parental responsibility for the child;

39

In Article 153 (child care training), in paragraph (3) for “Adoption Order” substitute “Adoption and Children Act (Northern Ireland) 2022”.

40

In Article 155 (parents not being married to, or civil partners of, each other to have no effect in law on relationships), in paragraph (3) for sub-paragraph (c) substitute—

(c) is an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act (Northern Ireland) 2022; or

41

In Article 178 (power of constable to assist in exercise of certain powers to search for children or inspect premises), in paragraph (6) omit sub-paragraph (c).

42

In Article 179 (effect and duration of orders, etc.), after paragraph (5) insert—

(5A) The making of a special guardianship order with respect to a child who is the subject of— (a) a care order; or (b) an order under Article 53, discharges that order.

43

In Schedule 1 (financial provision for children)—

(a) in paragraph 2 (orders for financial relief against parents)—

(i) in sub-paragraph (1), for “or guardian” substitute “, guardian or special guardian”; and

(ii) in sub-paragraph (6), after “order” insert “or a special guardianship order ”;

(b) in paragraph 7 (variation etc. of orders for periodical payments), in sub-paragraph (8), after “guardian” insert “or special guardian”;

(c) in paragraph 10 (financial relief under other statutory provisions), in sub-paragraph (1) and in sub-paragraph (2)(b), after “residence order” insert “or a special guardianship order”.

44

In Schedule 6 (property rights etc.), in paragraph 2 (dispositions of property), in sub-paragraph (5) at the end insert “or section 68 of the Adoption and Children Act (Northern Ireland) 2022 (rules of interpretation for instruments concerning property).”.

The Children (Scotland) Act 1995

45

In section 26 (manner of provision of accommodation to child looked after by local authority), in subsection (2)(b)(ii) for “Article 27(2)(b) to (e)” substitute “Article 27(2)(aa)”.

The Employment Rights (Northern Ireland) Order 1996

46

In Article 85ZJ (right to paid time off to attend adoption appointments) in paragraph (13) for “for the purposes of the Adoption (Northern Ireland) Order 1987 (see Articles 2(2) and 3(3) of the Order)” substitute “within the meaning of section 2(2) of the Adoption and Children Act (Northern Ireland) 2022”.

47

(1) Article 85ZS (entitlement: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In paragraph (1)—

(a) for the words “an approved foster parent and an approved prospective adopter” substitute “approved as an authority foster parent and approved as a prospective adopter”;

(b) omit “who is looked after by it”;

(d) for “Article 27(2)(a)” substitute “Article 27”.

(3) Omit paragraph (2).

(4) In paragraph (3), for the words from “references” in the first place it occurs to the end substitute

— (a) references to adoption or placement for adoption were references to placement of a child under Article 27 of the Children (Northern Ireland) Order 1995 with a person who is approved as an authority foster parent and who is approved as a prospective adopter; (b) references to placing for adoption were references to placing a child under Article 27 of the Children (Northern Ireland) Order 1995 with a person who is approved as an authority foster parent and who is approved as a prospective adopter; (c) references to an adoption agency were references to an authority.

(5) In paragraph (4), for “as referred to in paragraphs (1) and (2)” substitute “under Article 27 of the Children (Northern Ireland) Order 1995 with a person who is approved as an authority foster parent and approved as a prospective adopter”.

(6) In paragraph (5)—

(a) for the definitions of “approved foster parent” and “approved prospective adopter” substitute—

“approved as an authority foster parent” and approved as a prospective adopter” have the meanings given by Article 27(9D) of the Children (Northern Ireland) Order 1995;

;

(b) omit the definition of “child who is looked after by an authority”.

(7) Omit paragraph (6).

48

(1) Article 107AB (ordinary adoption leave: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a) for “an approved foster parent” substitute “approved as an authority foster parent”;

(b) in sub-paragraph (b) for “an approved prospective adopter” substitute “approved as a prospective adopter”;

(i) omit “who is looked after by it”;

(ii) for “Article 27(2)(a)” substitute “Article 27”;

(iii) omit “, in the circumstances mentioned in paragraph (2)”.

(3) Omit paragraph (2).

(4) In paragraph (3)—

(a) for the definitions of “approved foster parent” and “approved prospective adopter” substitute—

“approved as an authority foster parent” and “approved as a prospective adopter” have the meanings given by Article 27(9D) of the Children (Northern Ireland) Order 1995;

;

(b) omit the definition of “child who is looked after by an authority”.

(5) Omit paragraph (4).

49

(1) Article 107H (entitlement to shared parental leave: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In paragraph (1)—

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