Adoption and Children Act (Northern Ireland) 2022

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

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

• (c) for “Article 27(2)(a)” substitute “Article 27”;

• (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 paragraph (2).

• (4) In paragraph (3), for “such references as may be specified” substitute “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”.

• (5) In paragraph (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””.

50

• (1) Article 112BA (entitlement to paternity leave: 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”;

• (c) for “Article 27(2)(a)” substitute “Article 27”;

• (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 paragraph (2).

• (4) In paragraph (3), for “such references as may be specified” substitute “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”.

• (5) In paragraph (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 Police Act 1997

51

In section 113A (criminal record certificates), in subsection (6D)(aa) after “1987” insert “or an offence under section 27, 28, 29, 30, 31, 32, 33, 82, 84, 89, 97 or 99 of the Adoption and Children Act (Northern Ireland) 2022”.

The Family Homes and Domestic Violence (Northern Ireland) Order 1998

52

In Article 2 (interpretation)—

• (a) in paragraph (2) for the definition of “adoption order” substitute—

• “adoption order” means an adoption order within the meaning of Article 2(2) of the Adoption (Northern Ireland) Order 1987 or section 43(1) of the Adoption and Children Act (Northern Ireland) 2022;

;

• (b) in paragraph (3), after sub-paragraph (i) insert—

(j) the Adoption and Children Act (Northern Ireland) 2022.

.

53

In Article 3 (meaning of “cohabitees” etc.)—

• (a) in paragraph (2), in sub-paragraph (b) after “Adoption (Northern Ireland) Order 1987” insert “, the Adoption and Children Act (Northern Ireland) 2022”;

• (b) in paragraph (5), for the words from “has been freed” to “Order 1987” substitute “falls within paragraph (7)”;

• (c) after paragraph (6) insert—

(7) A child falls within this paragraph if— (a) an adoption agency, within the meaning of section 2 of the Adoption and Children Act (Northern Ireland) 2022, is authorised to place the child for adoption under section 16 of that Act (placing children with parental consent) or an order under section 18 of that Act (placement orders); (b) an adoption agency, within the meaning of section 2(1) of the Adoption and Children Act 2002, is authorised to place the child for adoption under section 19 of that Act (placing children with parental consent) or an order under section 21 of that Act (placement orders); (c) the child is freed for adoption by an order made under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987; or (d) the child is the subject of a Scottish permanence order which includes provision granting authority to adopt. (8) Inparagraph (7), “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (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).

.

The Justice (Northern Ireland) Act 2002

54

In Schedule 1 (listed judicial offices) omit each of the entries relating to a Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987.

55

In Schedule 6 (office-holders required to take judicial oath) omit the entry relating to a Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987.

The Adoption and Children Act 2002

56

In section 63 (counselling), in subsection (4)(b) for the words from “or an” to the end of the paragraph substitute “or an appropriate voluntary organisation within the meaning of the Adoption and Children Act (Northern Ireland) 2022”.

57

In section 65 (sections 56 to 65: interpretation), in subsection (2)(b) for the words from “or an” to “(N.I.22)” substitute “or an appropriate voluntary organisation within the meaning of the Adoption and Children Act (Northern Ireland) 2022”.

58

In section 123 (restriction on advertisements etc.), in subsection (3)(a) for “Article 11 or 58 of the Adoption (Northern Ireland) Order 1987 (S.I1987/2203 (N.I22)” substitute “section 84 or 96 of the Adoption and Children Act (Northern Ireland) 2022”.

59

In section 144 (general interpretation etc.), in subsection (1)—

• (a) in the definition of “Northern Irish adoption agency” for “Article 3 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))” substitute “section 2 of the Adoption and Children Act (Northern Ireland) 2022”;

• (b) in the definition of “Northern Irish adoption order” after “Order 1987” insert “or an adoption order within the meaning of section 43(1) of the Adoption and Children Act (Northern Ireland) 2022”.

The Marriage (Northern Ireland) Order 2003

60

• (1) Article 22 (relevant consents required) is amended as follows.

• (2) For paragraph (2), substitute—

(2) The relevant consents are— (a) if none of sub-paragraphs (b) to (h) apply, the consent of— (i) any parent of the young person who has parental responsibility for the young person; and (ii) any guardian of the young person; (b) where a special guardianship order is in force with respect to the young person, the consent of each of the young person’s special guardians, unless any of sub-paragraphs (c) to (g) applies; (c) where a care order is in force with respect to the young person, the consent of the Health and Social Care trust designated in the order, and each parent, guardian or special guardian (in so far as their parental responsibility has not been restricted under Article 52(3) of the Children (Northern Ireland) Order 1995), unless sub-paragraph (e) applies; (d) where a residence order is in force with respect to the young person, the consent of the persons with whom the young person lives, or is to live, as a result of the order, unless sub-paragraph (e) applies; (e) where an adoption agency is authorised to place the young person for adoption under section 16 of the Adoption and Children Act (Northern Ireland) 2022, the consent of that agency or, where a care order is in force with respect to the young person, the consent of the Health and Social Care trust designated in the order; (f) where a placement order is in force with respect to the young person, the consent of the appropriate adoption authority; (g) where a young person has been placed for adoption with prospective adopters, the consent of the prospective adopters (in so far as their parental responsibility has not been restricted under section 22(4) of the Adoption and Children Act (Northern Ireland) 2022), in addition to those persons specified in sub-paragraph (e) or (f); (h) where none of sub-paragraphs (b) to (g) apply but a residence order was in force with respect to the young person immediately before the young person reached the age of sixteen, the persons with whom the young person lived, or was to live, as a result of the order.

.

• (3) For paragraph (4) substitute—

(4) In paragraph (2)— - “care order”, “Health and Social Care trust”, “parental responsibility”, “residence order”, “special guardian” and “special guardianship order” have the same meaning as in the Children (Northern Ireland) Order 1995 and in sub-paragraph (a)(ii) of that paragraph the reference to any guardian of the young person is a reference to any person falling within the definition of “guardian of a child” in Article 2(2) of that Order; - “adoption agency”, “adoption authority”, “placement order” and “placed for adoption” have the same meaning as in the Adoption and Children Act (Northern Ireland) 2022; - “appropriate adoption authority” means the adoption authority authorised by the placement order to place the young person for adoption.

.

The Health and Personal Social Services (Quality, Improvement and Regulation)(Northern Ireland) Order 2003

61

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

• (a) in the definition of “voluntary adoption agency” for “the Adoption (Northern Ireland) Order 1987 (NI 22)” substitute “the Adoption and Children Act (Northern Ireland) 2022”;

• (b) in the definition of “voluntary organisation” for “the Adoption (Northern Ireland) Order 1987 (NI 22)” substitute “the Adoption and Children Act (Northern Ireland) 2022”.

62

In Article 15 (cancellation of registration), in paragraph (2) for sub-paragraph (e) substitute —

(e) an offence under regulations under section 1(3) of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001; (f) an offence under the Adoption and Children Act (Northern Ireland) 2022 or regulations made under it.

.

63

In Article 36 (provision of information), in paragraph (2)(a) for “the Adoption (Northern Ireland) Order 1987 (NI 22)” substitute “the Adoption and Children Act (Northern Ireland) 2022”.

64

In Article 38 (statements of minimum standards), in paragraph (4)(d) at the end insert “or proceedings against a voluntary adoption agency for an offence under Article 10(2) of the Adoption (Northern Ireland) Order 1987 or section 9 of the Adoption and Children Act (Northern Ireland) 2022”.

65

In Article 40 (information, entry and inspection), in paragraph (3)(b) for “Article 10 of the Adoption (Northern Ireland) Order 1987 (NI 22)” substitute “section 9 of the Adoption and Children Act (Northern Ireland) 2022”.

The Access to Justice (Northern Ireland) Order 2003

66

In Article 39 (conditional fee agreements: supplementary), in paragraph (2)(c) for “the Adoption (Northern Ireland) Order 1987” substitute “the Adoption and Children Act (Northern Ireland) 2022”.

67

In Schedule 2 (civil legal services: excluded services), in paragraph 6, at the end insert “or the Adoption and Children Act (Northern Ireland) 2022”.

The Commissioner for Children and Young People (Northern Ireland) Order 2003

68

In Article 3 (interpretation: child or young person), in paragraph (2)(a) after “34D,” insert “34DB, 34DC,”.

The Children and Adoption Act 2006

69

Omit sections 9 to 12 (special restrictions on adoptions from abroad etc.).

70

In section 17 (short title, commencement and extent)—

• (a) omit subsection (5);

• (b) in subsection (8), omit paragraphs (a) and (b).

The Sexual Offences (Northern Ireland) Order 2008

71

In Article 34 (family relationships), in paragraph (1)(b) after “adoption)” insert “or section 66 of the Adoption and Children Act (Northern Ireland) 2022 (status conferred by adoption)”.

72

In Article 36 (Articles 32 and 33: sexual relationships which pre-date family relationships), in paragraph (1)(b) after “(NI 22)” insert “or section 66 of the Adoption and Children Act (Northern Ireland) 2022”.

73

In Article 68 (sex with an adult relative: penetration), in paragraph (3)(b) for “an adopted child within the meaning of Part 5 of the Adoption (Northern Ireland) Order 1987 (NI 22)” substitute “adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act (Northern Ireland) 2022”.

74

In Article 69 (sex with an adult relative: consenting to penetration), in paragraph (3)(b) for “an adopted child within the meaning of Part 5 of the Adoption (Northern Ireland) Order 1987 (NI 22)” substitute “adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act (Northern Ireland) 2022”.

The Human Fertilisation and Embryology Act 2008

75

In section 55 (parental orders: supplementary provision), in subsection (3)—

• (a) at the end of paragraph (c) omit the word “and”;

• (b) at the end of paragraph (d) insert

, and (e) the Adoption and Children Act (Northern Ireland) 2022.

.

The Children’s Services Co-operation Act (Northern Ireland) 2015

76

In section 9 (interpretation), in subsection (2)(a) after “34D,” insert “34DB, 34DC,”.

The Mental Capacity Act (Northern Ireland) 2016

77

In section 285 (family relationships etc.)—

• (a) in subsection (1), in paragraph (e) for “the Adoption (Northern Ireland) Order 1987” substitute “the Adoption and Children Act (Northern Ireland) 2022”;

• (b) in subsection (2), for paragraphs (a) and (b) substitute—

(a) an order under section 43(1) or 83 of the Adoption and Children Act (Northern Ireland) 2022”; (b) an order under section 46(1) or 84 of the Adoption and Children Act 2002; or (c) an order under section 28(1) or 59 of the Adoption and Children (Scotland) Act 2007.

.

The Data Protection Act 2018

78

• (1) Paragraph 8(1) of Schedule 3 (exemptions etc from GDPR: social work) is amended as follows.

• (2) In head (q), in sub-head (ii)—

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

• (b) for “Article 66 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))” substitute “section 106 of the Adoption and Children Act (Northern Ireland) 2022”.

• (3) After head (x) add—

(y) data processed for the purposes of the functions of the Department of Health in Northern Ireland pursuant to section 12 of the Adoption and Children Act (Northern Ireland) 2022 (independent review of qualifying determinations).

.

79

• (1) Schedule 4 (exemptions etc. from the GDPR: disclosure prohibited or restricted by an enactment) is amended as follows.

• (2) In paragraph 3(4), for head (a) substitute—

(a) sections 76 and 78 of the Adoption and Children Act (Northern Ireland) 2022;

.

• (3) In paragraph 5(4), in head (a)—

• (a) for “Articles 50 and 54 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))” substitute “sections 59, 76, 77 and 78 of the Adoption and Children Act (Northern Ireland) 2022”; and

• (b) for “regulation 3 of and Schedule 2 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010” substitute “regulation 4 of and Schedule 3 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2018”.

The Health and Social Care Act (Northern Ireland) 2022

80

• (1) Schedule 1 (transfer of the Regional Board’s functions) is amended as follows.

• (2) Omit paragraphs 102 to 120.

• (3) Omit paragraph 193(2)(b) and (3)(b).

• (4) Omit paragraph 195(2).

PART 2 — Amendments of subordinate legislation

The Human Fertilisation and Embryology (Parental Orders) Regulations 2018

81

In regulation 1 (citation, commencement, extent and interpretation), in paragraph (4) for the definition of “the 1987 Order” substitute—

• “the 2022 Act” means the Adoption and Children Act (Northern Ireland) 2022

82

• (1) In regulation 4 (application of certain provisions of the 1987 Order subject to modifications), for “the 1987 Order” substitute “the 2022 Act”.

• (2) In the heading of that regulation, for “the 1987 Order” substitute “the 2022 Act”.

• (83) For Schedule 3 (application and modification of Adoption (Northern Ireland) Order 1987 in respect of parental orders and applications for such orders) substitute—

SCHEDULE 3 (1) The provisions of the 2022 Act set out in the following paragraphs have effect in relation to parental orders and applications for parental orders subject to the modifications set out in those paragraphs. (2) (1) Section1 (considerations applying to the exercise of powers) is modified as follows. (2) The section has effect as if the words “or adoption agency” were omitted on each occasion they appear. (3) Subsection (1) has effect as if for “the adoption of” there were substituted “the making of a parental order in relation to”. (4) Subsection (4) has effect as if— (a) the words “or agency” were omitted on each occasion they appear; (b) in paragraph (c), for “an adopted person” there were substituted “the subject of a parental order”; (c) in paragraph (g), the words from “including” to “regarding the child” were omitted. (5) The section has effect as if subsection (5) were omitted. (6) Subsection (6) has effect as if there were substituted— (6) The court must always consider the whole range of powers available to it in the child’s case (whether under section 54 or section 54A (as the case may be) of the 2008 Act, under this Act (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations) or under the Children Order); and the court must not make an order under either of those sections or under this Act asso applied unless it considers that making the order would be better for the child than not doing so. (7) Subsection (7) has effect as if— (a) for “the adoption of” there were substituted “the making of a parental order in relation to”; (b) in paragraph (a) for the words from “include” to “variation of such an order);” there were substituted “include a parental order (or the revocation of such an order);”; (c) in paragraph (b)— (i) the words “adoption agency or” were omitted; and (ii) after “this Act” the words “as modified” were inserted. (3) Section 2(2) has effect without modification. (4) Section 3 has effect without modification. (5) (1) Section33(1), (6) and (7) (restrictions on removal) is modified as follows. (2) Where an application for a parental order is made under section 54 of the 2008 Act (parental orders: two applicants), subsection (1) has effect as if— (a) the words from “(“the people concerned”)” to “people concerned” were omitted; (b) for paragraph (a) there were substituted— (a) who have applied for a parental order under section 54 of the 2008 Act in respect of the child and the application has not been disposed of; (c) paragraphs (b) and (c) were omitted; and (d) for the words from “group of sections” to the end there were substituted “section 1 and section 34 (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (3) Where an application for a parental order is made under section 54A of the 2008 Act (parental orders: one applicant), subsection (1) has effect as if there were substituted— (1) At any time when a child’s home is with a person who has applied for a parental order under section 54A of the 2008 Act in respect of the child, and the application has not been disposed of, a person may remove the child only in accordance with the provisions of this section and section34 (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations). (4) Subsection (6) has effect as if— (a) paragraph (a) were omitted; and (b) in paragraph (b), after “this section,” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (5) Subsection (7) has effect as if for “This group of sections applies” there were substituted “This section and section 37 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations) apply”. (6) Section 34 (applications for adoption) has effect in respect of a parental order as if for “section 33(1)(a),” there were substituted “section 33(1) (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (7) (1) Section38 (recovery orders) is modified as follows. (2) Subsection (1) has effect as if— (a) for “any of the preceding provisions of this Chapter” there were substituted “section 33 and 34 (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; and (b) paragraph (b) were omitted. (3) Subsection (2) has effect as if after “subsection (4)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (4) Subsection (4) has effect as if— (a) after “subsection (2)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; and (b) paragraph (c) were omitted. (8) (1) Section43(1) to (4) (adoption orders) is modified as follows. (2) Subsection (1) has effect as if there were substituted— (1) A parental order is an order transferring parental responsibility for a child to whom the order applies to the person or persons (as the case may be) who obtained the order. (3) Subsection (2) has effect as if— (a) in the opening words, for “an adoption” there were substituted “a parental”; (b) in paragraph (a)— (i) for “adopters or adopter” there were substituted “person or persons (as the case may be) who obtained the order”; and (ii) for “adopted child” there were substituted “child who is the subject of the parental order”; and (c) in paragraph (d), the word “adopted” were omitted and for “adoption” there were substituted “parental”. (4) Subsection (3) has effect as if— (a) in the opening words, for “an adoption” there were substituted “a parental”; and (b) paragraph (b) were omitted. (9) (1) Section 45 (restrictions on making adoption orders) is modified as follows. (2) Subsection (1) has effect as if— (a) for “an adoption order” there were substituted “a parental order”; and (b) after “subsection (2)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (3) Subsection (2) has effect as if for paragraphs (a) and (b) there were substituted “for a parental order”. (10) (1) Section 59(1) and (4) (disclosing information to adopted child) is modified as follows. (2) Subsection (1) has effect as if for “an adopted person” there were substituted “a person in relation to whom a parental order was made and”. (3) Subsection (4) has effect as if— (a) the words “adopted” and “also” were omitted; (b) for “adoption order” and “adoption” there were substituted “parental order”; and (c) at the end there were inserted— , but the court must not provide a copy of any prescribed document or prescribed order to the person unless that person certifies that they have— (a) been informed about the availability of services providing counselling in relation to the implications of compliance with the request; and (b) been given a suitable opportunity to receive counselling. (11) Section 63(1) (other provisions to be made by regulations) has effect as if— (a) for “this group of sections” there were substituted “the provisions of this Part in relation to the provision of information”; and (b) paragraphs (a) and (c) were omitted. (12) Section 64 (sections 56 to 65: interpretation) has effect as if there were substituted— (64) In this group of sections “prescribed” means prescribed by rules of court. (13) Section 66 has effect as if there were substituted— (66) (1) A person to whom a parental order applies is to be treated in law as the child of the person or persons (as the case may be) who obtained that order, and, if more than one person, is to be treated as the child of the relationship of those persons. (2) A person to whom a parental order applies is to be treated in law as not being the child of any person other than the person or persons (as the case may be) who obtained that order, but this subsection does not affect any reference in this Act to a person’s natural parent or to any other natural relationship. (3) Where a parental order is granted under section 54A of the 2008 Act to a person who is a natural parent of the person to whom the order applies, subsection (2) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship. (4) This section has effect from the date of the parental order. (5) Subject to the provisions of this Chapter (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations) this section— (a) applies for the interpretation of statutory provisions or instruments passed or made before as well as after the making of the parental order, and so applies subject to any contrary indication, and (b) has effect as respects things done, or events occurring, on or after the making of the parental order. (14) Section 67(3) (adoptive relatives) has effect as if it applies in the case of a parental order under section 54 of the 2008 Act and as if for the words from “adoptive mother” onwards there were substituted “mother and father of a child who is the subject of a parental order obtained by two persons of the same sex is to be read as a reference to the child’s parents”. (15) (1) Section 68 (rules of interpretation for instruments concerning property) is modified as follows. (2) Subsection (1) has effect as if the words “and to Schedule 4” were omitted. (3) Subsection (2) has effect as if— (a) after “and (2)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; (b) for “adoptive parent or parents” there were substituted “person or persons who obtained the parental order”; (c) in paragraph (a)— (i) for “adopted person” there were substituted “person to whom the order applies”; and (ii) for “adoption” there were substituted “the parental order”; and (d) in paragraph (b), for “adopted” there were substituted “who are the subject of parental orders made”. (4) Subsection (3) has effect as if, in the note, after “subsection (2)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (5) Subsection (4) has effect as if— (a) after “Section 66(3)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; (b) for “adopted person” in both places where the words appear there were substituted “person who is the subject of a parental order”; and (c) for “adoption” there were substituted “parental order is made”. (6) Subsection (5) has effect as if— (a) in paragraph (a), for “adopt” there were substituted “apply for a parental order in respect of”; and (b) in paragraph (b)— (i) after “section 66” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; (ii) in the case of a parental order obtained under section 54 of the 2008 Act, for the words from “as her child” to “the instrument” there were substituted “for the purposes of the instrument as her child or as the child of the person with whom she obtained the order under section 54 of the 2008 Act”; and (iii) in the case of a parental order obtained under section 54A of the 2008 Act, the words following “as her child” up to and including “one of the couple” were omitted. (16) (1) Section70 (property devolving with peerages etc) is modified as follows. (2) The section has effect as if for the words “an adoption” in each place they appear there were substituted “a parental order”. (3) Subsection (3) has effect as if after “Subsection (2)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (17) Section 72 (meaning of disposition) has effect as if in subsections (1) and (3), after the words “this Chapter” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (18) (1) Section73 (miscellaneous) is modified as follows. (2) The section has effect as if after the words “Section66” in both places they appear there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (3) Subsection (1) has effect as if after “not apply” there were inserted “so as to prevent a child to whom a parental order applies from continuing to be treated as the child of a person who was in law the child’s parent before the order was made”. (19) Section 74 (pensions) has effect as if for “person’s adoption” there were substituted “making of a parental order in respect of that person”. (20) Section 75(1) (insurance) has effect as if— (a) for “is adopted whose” there were substituted “is a child to whom a parental order applies and the child’s”; (b) for “adoption” there were substituted “parental order”; (c) for the words “adoptive parents” in both places they appear there were substituted “person or persons (as the case may be) who obtained the parental order”; and (d) in paragraph (b), for “are to be” there were substituted “are or is to be”. (21) (1) Section76 (adopted children register) is modified as follows. (2) Section76 has effect as if for the words “Adopted Children Register” in each place they appear there were substituted “Parental Order Register”. (3) Subsection (3) has effect as if— (a) in paragraph (a), for “adoption orders” there were substituted “parental orders”; and (b) in paragraph (b), after “Schedule 1” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (4) Subsection (4) has effect as if for “adoption” there were substituted “parental order”. (5) Subsection (5) has effect as if for the words “adopted person” in each place they appear there were substituted “person who is the subject of the parental order”. (6) Subsection (6) has effect as if for “adoptions” and for “adoption orders” there were substituted “parental orders”. (7) Subsection (9) has effect as if for “the adoption of a child” there were substituted “a parental order having been made in respect of a child”. (22) (1) Section77 (searches and copies) is modified as follows. (2) The section has effect as if for the words “Adopted Children Register” in each place they appear there were substituted “Parental Order Register”. (3) Subsection (3) has effect as if for “an adopted person” there were substituted “a person who is the subject of a parental order”. (23) (1) Section78(1) to (3) and (7) to (9) (connections between the register and birth records) is modified as follows. (2) Subsection (1) has effect as if— (a) for “marked “Adopted”” there were substituted “marked “Re-registered by the Registrar General” pursuant to paragraph 1(2) of Schedule 1 (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; and (b) for “Adopted Children Register” there were substituted “Parental Order Register”. (3) Subsection (2) has effect as if after “subsection (1)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (4) Subsection (3) has effect as if— (a) for “an adopted person” there were substituted “a person who to whom a parental order applies”; and (b) for “the adopted person’s” there were substituted “the person’s”. (5) Subsection (7) has effect as if for “an adopted person” there were substituted “a person to whom a parental order applies and”. (6) Subsection (8) has effect as if for “any prescribed fee which the Registrar General has demanded must be paid, but this does not apply to an application under subsection (7)” there were substituted— (a) any prescribed fee which the Registrar General has demanded must be paid, but this does not apply to an application under subsection (7); and (b) the applicant must— (i) be informed about the availability of services providing counselling in relation to the implications of compliance with the request; and (ii) be given a suitable opportunity to receive counselling. (7) Subsection (9) has effect as if the definition of “appointed day” were omitted. (24) Section 81 (interpretation) has effect in respect of a parental order without modification. (25) (1) Section82(1), (5), (7) and (8) (restriction on bringing children in) is modified as follows. (2) Subsection (1) has effect as if— (a) paragraph (b) were omitted; (b) for the word “adoption” in each place it appears there were substituted “an application for a parental order being made in relation to that child”; and (c) the words “or to a child adopted” in each place they appear were omitted. (3) Subsection (5) has effect as if for “this section applies” there were substituted “this section (as applied with modifications made by regulation 4 of and Schedule 3 to the Parental Order Regulations) applies”. (4) Subsection (7) has effect as if— (a) for “this section applies” there were substituted “this section (as applied with modifications made by regulation 4 of and Schedule 3 to the Parental Order Regulations) applies”; and (b) paragraph (a) were omitted. (26) Section 105(1) (privacy) has effect as if after “this Act” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (27) (1) Section106(1) to (3) and (5) to (7) (children’s court guardians) is modified as follows. (2) Subsection (1) has effect as if the words “in prescribed cases” were omitted. (3) Subsection (5) has effect as if there were substituted— (5) In this section, “relevant application” means an application for the making or revocation or a parental order. (28) (1) Section108(1) (evidence of consent) has effect as if after “this Part” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations or by section 54(6) or section 54A(5) of the 2008 Act)”. (2) Section108(2) has effect without modification. (29) (1) Section109(3) and (5) (effect of certain Scottish orders and provisions) is modified as follows. (2) Subsection (3) has effect as if after “(4)” there were inserted “(as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations)”. (3) Subsection (5) has effect as if— (a) after “certain provisions)” there were inserted “(as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations)”; and (b) after “this Act” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (30) (1) Section110(2) and (3) (effect of certain orders made in England and Wales) is modified as follows. (2) Subsection (2) has effect as if after “(3)” there were inserted “(as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”. (3) Subsection (3) has effect as if paragraphs (a) and (b) were omitted. (31) (1) Section111 (use of adoption records from Great Britain, etc.) is modified as follows. (2) Paragraph (a) has effect as if after “2007” there were inserted “(as applied with modifications by regulation 3 of and Schedule 2 to the Parental Order Regulations)”. (3) Paragraph (b) has effect as if after “2002” there were inserted “(as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”. (4) Paragraph (c) has effect as if after “this Act” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (32) (1) Section155(1) and (2) (regulations and orders) is modified as follows. (2) Subsection (1) has effect as if the words “other than regulations to which subsection (2) applies” were omitted. (3) Subsection (6) has effect as if after the words “this Act” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (33) (1) Section156 (rules of court) is modified as follows. (2) Subsection (3) has effect as if— (i) the words from “a placement order” to “order, or for an” were omitted; and (ii) for “adoption order” there were substituted “a parental order”. (3) The section has effect as if— (a) for subsection (4) there were substituted— (4) The persons referred to in subsection (3) are every person whose agreement is required by section 54(6) or 54A(5) of the 2008 Act. (b) subsection (5) were omitted. (34) (1) Section159(1) and (2) (general interpretation) is modified as follows. (2) Subsection (1) has effect as if— (a) after “this Act” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; (b) the following definitions were inserted at the appropriate places— - “the 2008 Act” means the Human Fertilisation and Embryology Act 2008, - “parental order” means an order under section 54 (parental orders) or section 54A (parental orders: one applicant) of the 2008 Act - “the Parental Order Regulations” means the Human Fertilisation and Embryology (Parental Orders) Regulations 2018; (3) Subsection (2) has effect as if after “this Act” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (35) (1) Paragraph 1 of Schedule 1 (registrations of adoption orders) is modified as follows. (2) Sub-paragraph (1) has effect as if— (a) for “adoption order” there were substituted “parental order”; and (b) for “Adopted Children Register” there were substituted “Parental Order Register”. (3) Sub-paragraph (2) has effect as if— (a) for “an adoption order” there were substituted “a parental order”; (b) for “any adoption order” there were substituted “any parental order”; and (c) for “marked with the word “Adopted”” there were substituted “marked with the words “Re-registered by the Registrar General””; (4) The paragraph has effect as if sub-paragraph (3) were omitted. (5) Sub-paragraph (4) has effect as if for “an adoption order” there were substituted “a parental order”. (36) (1) Paragraph 2 of Schedule 1 (registration of adoptions in Great Britain, the Isle of Man and the Channel Islands) is modified as follows. (2) Sub-paragraph (1) has effect as if— (a) for “Sub-paragraphs (2) and (3) apply” there were substituted “Sub-paragraph (2) (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations) applies”; (b) for “adoptions” there were substituted “parental orders”; and (c) for “an order has been made authorising the adoption of a child” there were substituted “a parental order has been made in respect of a child”. (3) Sub-paragraph (2) has effect as if— (a) for “Adopted Children Register” there were substituted “Parental Order Register”; (b) for “the word “Adopted”” there were substituted “the words “Re-registered by the Registrar General””. (4) The paragraph has effect as if sub-paragraph (3) were omitted. (5) Sub-paragraph (4) has effect as if for “in sub-paragraphs (2) and (3)” there were substituted “in sub-paragraph (2) (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (6) Sub-paragraph (5) has effect as if after “sub-paragraph (4)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (37) (1) Paragraph 4 of Schedule 1 (amendment of orders and rectification of Registers and other records) is modified as follows. (2) The paragraph has effect as if— (a) for the words “an adoption order” in each place they appear there were substituted “a parental order”; (b) for the words “Adopted Children Register” in each place they appear there were substituted “Parental Order Register”. (3) Sub-paragraph (1) has effect as if for “adopter or the adopted person” there were substituted “person or persons (as the case may be) who obtained the order or the person who is the subject of the order”. (4) Sub-paragraph (2) has effect as if— (a) for “adopter or the adopted person” in the opening words there were substituted “person or persons (as the case may be) who obtained the order or the person who is the subject of the order”; (b) in heads (a) and (b), for “the adopted person” there were substituted “the person who is the subject of the order”. (5) Sub-paragraph (3) has effect as if— (a) after “paragraph 1(2)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”; (b) the words “or (3)” were omitted. (6) Sub-paragraph (4) has effect as if after “(1) to (3)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (7) Sub-paragraph (7) has effect as if after “section77(2)(b)” there were inserted “(as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations)”. (8) The paragraph has effect as if sub-paragraphs (9) and (10) were omitted. (9) Sub-paragraph (11) has effect as if the definition of “overseas register of births” were omitted.

.

84

• (1) In Schedule 4 (references to adoption etc in enactments to be read as references to effect of parental order etc), paragraph 5 is amended as follows.

• (2) In head (a) for the words “the Adoption (Northern Ireland) Order 1987” in each place they appear substitute “the Adoption and Children Act (Northern Ireland) 2022”.

• (3) In head (b)—

• (a) for “Article 50 of the Adoption (Northern Ireland) Order 1987” substitute “section 76 of the Adoption and Children Act (Northern Ireland) 2022”;

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

SCHEDULE 4

Adoption support services

1

• (1) The facilities to be provided by an HSC trust as part of the service maintained under Article 3(1) of the Adoption (Northern Ireland) Order 1987 include such arrangements as a trust may be required by regulations to make for the provision of adoption support services to prescribed persons.

• (2) Regulations under sub-paragraph (1) may require an HSC trust—

• (a) at the request of a prescribed person, to carry out an assessment of the person’s needs for adoption support services,

• (b) if, as a result of the assessment, a trust decides that the person has such needs, to decide whether to provide any such services to the person,

• (c) if a trust decides to provide any such services to a person, and the circumstances fall within a description prescribed by the regulations, to prepare a plan in accordance with which the services are to be provided to the person and keep the plan under review.

• (3) Subsections (7) and (8) (except paragraph (a)) of section 5 of this Act apply to regulations under sub-paragraph (1) as they apply to regulations made by virtue of that section.

• (4) Article 59(1) of the Adoption (Northern Ireland) Order 1987 (prohibited payments) does not apply to any payment made in accordance with regulations under sub-paragraph (1).

• (5) In this paragraph, “HSC trust” has the meaning given by Article 2 of the Adoption (Northern Ireland) Order 1987.

Pending applications for freeing orders

2

Nothing in this Act affects any application for an order under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 (freeing for adoption) where—

• (a) the application has been made and has not been disposed of immediately before the repeal of those Articles; and

• (b) immediately before that repeal the home of the child in relation to whom the application is made is with a person with whom the child has been placed for adoption by an adoption agency.

Freeing orders

3

• (1) Nothing in this Act affects any order made under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 and Articles 19 to 21 of that Order are to continue to have effect in relation to such an order.

• (2) Article 20 of that Order, as it has effect by virtue of this paragraph, is to apply as if, in paragraph (3)(c) after “1995” there were inserted—

(iia) any care order, within the meaning of that Order;

.

• (3) Where a child is free for adoption by virtue of an order made under Article 17 or 18 of that Order, the third condition in section 44(6) is to be treated as satisfied.

Pending applications for adoption orders

4

Nothing in this Act affects any application for an adoption order under Article 12 of the Adoption (Northern Ireland) Order 1987 where—

• (a) the application has been made and has not been disposed of immediately before the repeal of that Article; and

• (b) immediately before that repeal the home of the child in relation to whom the application is made is with a person with whom the child has been placed for adoption by an adoption agency.

Pending applications for parental orders

5

Where, immediately before the repeal of the Adoption (Northern Ireland) Order 1987, an application for a parental order has been made under section 54 or 54A of the Human Fertilisation and Embryology Act 2008 and not yet determined—

• (a) the provisions of the Adoption (Northern Ireland) Order 1987 as modified by regulation 4 of and Schedule 3 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2018 continue to have effect in respect of the application; and

• (b) notwithstanding the amendments made by Part 2 of Schedule 3, regulation 4 of and Schedule 3 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2018 continue to have affect in their unamended form for the purpose of modifying the Adoption (Northern Ireland) Order 1987.

Advertising

6

In Article 60 of the Adoption (Northern Ireland) Order 1987 (restrictions on advertisements)—

• (a) after paragraph (1) insert—

(1A) Publishing an advertisement includes doing so by electronic means (for example, by means of the internet).

;

• (b) in paragraph (2), for the words following “conviction” substitute “to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both”.

Registration of adoptions

7

• (1) 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 December 1969, 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.

• (2) In relation to an adoption order made before the commencement of the Adoption (Northern Ireland) Order 1987, the reference in paragraph 4(3) of that Schedule to paragraph 1(2) or (3) is to be read as a reference to section 14(4) or (5) of the Adoption of Children Act (Northern Ireland) 1950 or, as the case requires, section 24(4) and (5) of the Adoption Act (Northern Ireland) 1967.

The Adoption (Hague Convention) Act (Northern Ireland) 1969

8

• (1) Despite the repeal of the Adoption (Hague Convention) Act (Northern Ireland) 1969 (“the 1969 Act”) the following provisions of that Act continue to have effect—

• (a) section 5(1) (recognition of foreign determinations) so far as it applies to a determination made by an authority of any British territory outside the United Kingdom in respect of a convention adoption order and to which subsection (1)(b) of that section applies,

• (b) in section 6 (annulment etc.)—

• (i) subsection (1) so far as it applies to convention adoption orders, and

• (ii) subsections (3) and (4) so far as they apply to determinations,

• (c) in section 8 (registration)—

• (i) subsection (3) so far as it applies to convention adoption orders or any entry or mark erroneously made in pursuance of subsection (2) of that section, and

• (ii) subsection (4).

• (2) Despite the repeal of the 1969 Act, the following provisions of that Act continue to have effect so far as they are necessary for the purposes of sub-paragraph (1)—

• (a) section 7 (provisions supplemental to section 6),

• (b) section 9 (nationality),

• (c) section 10 (supplemental),

• (d) section 11 (rules),

• (e) section 12 (interpretation).

• (3) In this paragraph—

• “the 1969 Act” means the Adoption (Hague Convention) Act (Northern Ireland) 1969,

• “convention adoption order” means an order under Article 12(1) of the Adoption (Northern Ireland) Order 1987 made in accordance with section 1(1) of the 1969 Act,

• “determination” means a determination that has effect by virtue of section 5(1) of the 1969 Act.

The Child Abduction (Northern Ireland) Order 1985

9

Paragraph 5 of Schedule 3 does not affect the Schedule to the Child Abduction (Northern Ireland) Order 1985 in its application to a child who is the subject of—

• (a) an order under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 freeing the child for adoption;

• (b) a pending application for such an order; or

• (c) a pending application for an order under Article 12 of that Order.

SCHEDULE 5

Considerations applying to the exercise of powers

Basic definitions

Adoption authority

The Adoption Service

Assessments etc. for adoption support services

Adoption support services: duty to provide information

Arrangements on cancellation of registration

Inactive or defunct adoption societies, etc.

General power to regulate adoption agencies

Management, etc., of agencies

Fees

Independent review of qualifying determinations of adoption agencies

Information concerning adoption

Inspection of premises, etc.

Placement for adoption by agencies

Placing children with parental consent

Advance consent to adoption

Placement orders

Applications for placement orders

Varying placement orders

Revoking placement orders

Parental responsibility

Contact

Contact: supplementary

Further consequences of placement

Further consequences of placement orders

General prohibitions on removal

Recovery by parent etc. where child not placed or is a baby

Recovery by parent etc. where child placed and consent withdrawn

Recovery by parent etc. where child placed and placement order refused

Placement orders: prohibition on removal

Return of child in other cases

Restrictions on removal

Applications for adoption

Authority foster parents

Partners of parents

Other non-agency cases

Recovery orders

Child to live with adopters before application

Reports where child placed by agency

Notice of intention to adopt

Suitability of adopters

Adoption orders

Conditions for making adoption orders

Restrictions on making adoption orders

Applications for adoption

Adoption by couple

Adoption by one person

Post-adoption contact

Orders under section 49: supplementary

Parental etc. consent

Modification of Children Order in relation to adoption

Disclosing information to prospective adopters

Revocation of adoptions on legitimation

Information to be kept about a person’s adoption

Restrictions on disclosure of protected etc. information

Disclosure of other information

Offence

Disclosing information to adopted adult

Disclosing protected information about adults

Disclosing protected information about children

Counselling

Other provision to be made by regulations

Sections 55 to 64: interpretation

Meaning of adoption in Chapter 4

Status conferred by adoption

Adoptive relatives

Rules of interpretation for instruments concerning property

Dispositions depending on date of birth

Property devolving with peerages etc.

Protection of trustees and personal representatives

Meaning of disposition

Miscellaneous

Pensions

Insurance

Adopted Children Register

Searches and copies

Connections between the register and birth records

Adoption Contact Register

Adoption Contact Register: supplementary

Interpretation

Restriction on bringing children in

Giving parental responsibility prior to adoption abroad

Restriction on taking children out

Power to modify sections 82 and 84

Declaration of special restrictions on adoptions from abroad

Review

The special restrictions

Imposition of extra conditions in certain cases

Overseas adoptions

Modification of section 66 for Hague Convention adoptions

Annulment etc. of overseas or Hague Convention adoptions

Section 92: supplementary

Overseas determinations and orders

Power to charge

Restriction on arranging adoptions etc.

Offence of breaching restrictions under section 96

Restriction on reports

Prohibition of certain payments

Excepted payments

Sections 96 to 100: interpretation

Pre-commencement adoptions: information

Proceedings for offences

Appeals

Privacy

Children’s court guardians

Right of access to adoption agency records

Evidence of consent

Effect of certain Scottish orders and provisions

Effect of certain orders made in England and Wales

Use of adoption records from Great Britain, etc.

Channel Islands and the Isle of Man

Avoiding delay

Service of notices etc.

Jurisdiction of courts

Definition of family proceedings

Article 8 orders: authority foster parents

Duration of residence orders

Special guardianship

Ascertainment of children’s wishes

Provision of services to children in need, etc.

Duty of authorities to promote etc. achievement, learning and development, and to prevent disruption to education or training

Corporate parenting principles

Placement of looked after children with prospective adopters

Accommodation for children: requirements

Authority foster parents

Duty to ensure visits to and advice etc. for children

Former relevant children: continuing functions

Local offer for care leavers

Inquiries into representations

Review of cases of looked after children

Independent advocacy services

Definition of harm

Care plans

Contact: children in care of authority

Persons authorised to act as children’s court guardian

Renaming of guardians ad litem

Interests of children in proceedings

Definition of privately fostered child

Welfare of children who will be privately fostered

Notification of fostering: public awareness

Privacy for children in proceedings

Report on the operation of the Children Order

Northern Ireland Adoption and Children Act Register

Use of an organisation to establish the register

Use of an organisation as an agency for payments

Supply of information for the register

Disclosure of information

Search and inspection of the register by prospective adopters

Search and inspection of the register by adoption agencies

Supplementary

Time limit within which proceedings may be brought

Research and investigations

Amendments, transitional and transitory provisions, savings and repeals

Regulations and orders

Rules of court

Supplementary and consequential provision

Review

Interpretation

Commencement

Short title

Editorial notes