Legalize / United Kingdom / Public General Act

Adoption and Children Act 2002

Type Public General Act

Publication 2002-11-07

Last updated 2022-11-30

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(i) in paragraph (b), for “or guardian” there is substituted “ , guardian or special guardian ”, and

(ii) at the end of paragraph (b) there is inserted

; or (c) paragraph (b) does not apply, and the child’s only or last surviving special guardian dies.

(b) in subsection (4), at the end there is inserted “ ; and a special guardian of a child may appoint another individual to be the child’s guardian in the event of his death ”, and

(c) in subsection (7), at the end of paragraph (b) there is inserted “ or he was the child’s only (or last surviving) special guardian ”.

Accommodation of children in need etc.

116

(1) In section 17 of the 1989 Act (provision of services for children in need, their families and others), in subsection (6) (services that may be provided in exercise of the functions under that section) after “include” there is inserted “ providing accommodation and ”.

(2) In section 22 of that Act (general duty of local authority in relation to children looked after by them), in subsection (1) (looked after children include those provided with accommodation, with exceptions) before “23B” there is inserted “ 17 ”.

(3) In section 24A of that Act (advice and assistance for certain children and young persons aged 16 or over), in subsection (5), for “or, in exceptional circumstances, cash” there is substituted

and, in exceptional circumstances, assistance may be given— (a) by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or (b) in cash

Inquiries by local authorities into representations

117

(1) In section 24D of the 1989 Act (representations: sections 23A to 24B), after subsection (1) there is inserted—

(1A) Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1).

(2) Section 26 of that Act (procedure for considering other representations) is amended as follows.

(3) In subsection (3) (which makes provision as to the persons by whom, and the matters in respect of which, representations may be made), for “functions under this Part” there is substituted “ qualifying functions ”.

(4) After that subsection there is inserted—

(3A) The following are qualifying functions for the purposes of subsection (3)— (a) functions under this Part, (b) such functions under Part 4 or 5 as are specified by the Secretary of State in regulations. (3B) The duty under subsection (3) extends to representations (including complaints) made to the authority by— (a) any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend, (b) such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them, about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the Secretary of State in regulations.

(5) In subsection (4) (procedure to require involvement of independent person), after paragraph (b) there is inserted—

but this subsection is subject to subsection (5A).

(6) After that subsection there is inserted—

(4A) Regulations may be made by the Secretary of State imposing time limits on the making of representations under this section.

(7) After subsection (5) there is inserted—

(5A) Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.

Review of cases of looked after children

118

(1) In section 26 of the 1989 Act (review of cases of looked after children, etc.), in subsection (2) (regulations as to reviews)—

(a) in paragraph (e), “to consider” is omitted and after “their care” there is inserted—

(i) to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly, (ii) to consider

(b) in paragraph (f), “to consider” is omitted and after the second mention of “the authority” there is inserted—

(i) if there is no plan for the future care of the child, to prepare one, (ii) if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly, (iii) to consider

(k) for the authority to appoint a person in respect of each case to carry out in the prescribed manner the functions mentioned in subsection (2A) and any prescribed function

(2) After that subsection there is inserted—

(2A) The functions referred to in subsection (2)(k) are— (a) participating in the review of the case in question, (b) monitoring the performance of the authority’s functions in respect of the review, (c) referring the case to an officer of the Children and Family Court Advisory and Support Service, if the person appointed under subsection (2)(k) considers it appropriate to do so. (2B) A person appointed under subsection (2)(k) must be a person of a prescribed description. (2C) In relation to children whose cases are referred to officers under subsection (2A)(c), the Lord Chancellor may by regulations— (a) extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings, (b) require any functions of the officers to be performed in the manner prescribed by the regulations.

Advocacy services

119

After section 26 of the 1989 Act there is inserted—

(26A) (1) Every local authority shall make arrangements for the provision of assistance to— (a) persons who make or intend to make representations under section 24D; and (b) children who make or intend to make representations under section 26. (2) The assistance provided under the arrangements shall include assistance by way of representation. (3) The arrangements— (a) shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the Secretary of State; and (b) shall comply with any other provision made by the regulations in relation to the arrangements. (4) The Secretary of State may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3). (5) Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate.

Meaning of “harm” in the 1989 Act

120

In section 31 of the 1989 Act (care and supervision orders), at the end of the definition of “harm” in subsection (9) there is inserted “ including, for example, impairment suffered from seeing or hearing the ill-treatment of another ”.

Care plans

121

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) After that section there is inserted—

(31A) (1) Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan (“a care plan”) for the future care of the child. (2) While the application is pending, the authority must keep any care plan prepared by them under review and, if they are of the opinion some change is required, revise the plan, or make a new plan, accordingly. (3) A care plan must give any prescribed information and do so in the prescribed manner. (4) For the purposes of this section, the appropriate local authority, in relation to a child in respect of whom a care order might be made, is the local authority proposed to be designated in the order. (5) In section 31(3A) and this section, references to a care order do not include an interim care order. (6) A plan prepared, or treated as prepared, under this section is referred to in this Act as a “section 31A plan”.

(3) If—

(a) before subsection (2) comes into force, a care order has been made in respect of a child and a plan for the future care of the child has been prepared in connection with the making of the order by the local authority designated in the order, and

(b) on the day on which that subsection comes into force the order is in force, or would be in force but for section 29(1) of this Act,

the plan is to have effect as if made under section 31A of the 1989 Act.

Interests of children in proceedings

122

(1) In section 41 of the 1989 Act (specified proceedings)—

(a) in subsection (6), after paragraph (h) there is inserted—

(hh) on an application for the making or revocation of a placement order (within the meaning of section 21 of the Adoption and Children Act 2002);

(b) after that subsection there is inserted—

(6A) The proceedings which may be specified under subsection (6)(i) include (for example) proceedings for the making, varying or discharging of a section 8 order.

(2) In section 93 of the 1989 Act (rules of court), in subsection (2), after paragraph (b) there is inserted—

(bb) for children to be separately represented in relevant proceedings,

Part 3 — Miscellaneous and final provisions

Chapter 1 — Miscellaneous

Advertisements in the United Kingdom

Restriction on advertisements etc.

123

(1) A person must not—

(a) publish or distribute an advertisement or information to which this section applies, or

(b) cause such an advertisement or information to be published or distributed.

(2) This section applies to an advertisement indicating that—

(a) the parent or guardian of a child wants the child to be adopted,

(b) a person wants to adopt a child,

(c) a person other than an adoption agency is willing to take any step mentioned in paragraphs (a) to (e), (g) and (h) and (so far as relating to those paragraphs) (i) of section 92(2),

(d) a person other than an adoption agency is willing to receive a child handed over to him with a view to the child’s adoption by him or another, or

(e) a person is willing to remove a child from the United Kingdom for the purposes of adoption.

(3) This section applies to—

(a) information about how to do anything which, if done, would constitute an offence under section 85 or 93, ... Article 11 or 58 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22) or section 60 or 75 of the Adoption and Children (Scotland) Act 2007 (asp 4)) or section 60 or 75 of the Adoption and Children (Scotland) Act 2007 (asp 4) (whether or not the information includes a warning that doing the thing in question may constitute an offence),

(b) information about a particular child as a child available for adoption.

(4) For the purposes of this section and section 124—

(a) publishing or distributing an advertisement or information means publishing it or distributing it to the public and includes doing so by electronic means (for example, by means of the internet),

(b) the public includes selected members of the public as well as the public generally or any section of the public.

(5) Subsection (1) does not apply to publication or distribution by or on behalf of an adoption agency.

(6) The Secretary of State may by order make any amendments of this section which he considers necessary or expedient in consequence of any developments in technology relating to publishing or distributing advertisements or other information by electronic or electro-magnetic means.

(7) References to an adoption agency in this section include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances.

(8) Before exercising the power conferred by subsection (6) or (7), the Secretary of State must consult the Scottish Ministers, the Department of Health, Social Services and Public Safety and the Assembly.

(9) In this section—

(a) “adoption agency” includes a Scottish or Northern Irish adoption agency,

(b) references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.

Offence of breaching restriction under section 123

124

(1) A person who contravenes section 123(1) is guilty of an offence.

(2) A person is not guilty of an offence under this section unless it is proved that he knew or had reason to suspect that section 123 applied to the advertisement or information.

But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

Adoption and Children Act Register

125

(1) The Secretary of State may establish and maintain a register, to be called the Adoption and Children Act Register, containing—

(a) prescribed information about children who are suitable for adoption, children for whom a local authority in England are considering adoption and prospective adopters who are suitable to adopt a child,

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

(1A) Regulations may provide that the register may contain—

(a) prescribed information about children who a Welsh, Scottish or Northern Irish adoption agency is satisfied are suitable for adoption,

(b) prescribed information about prospective adopters who a Welsh, Scottish or Northern Irish 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.

(2) For the purpose of giving assistance in finding persons with whom children may be placed for purposes other than adoption, regulations 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 126 to 131), with or without modifications.

(3) The register is not to be open to public inspection or search (subject to regulations under section 128A).

(4) Regulations may make provision about the retention of information in the register.

(5) Information is to be kept in the register in any form the Secretary of State considers appropriate.

Use of an organisation to establish the register

126

(1) The Secretary of State may make an arrangement with an organisation under which any function of his ... of establishing and maintaining the register, and disclosing information entered in, or compiled from information entered in, the register to any person is performed wholly or partly by the organisation on his behalf.

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

(3) If the Secretary of State makes an arrangement under this section with an organisation, the organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Secretary of State and the directions may be of general application... or be special directions.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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 agency for payments

127

(1) Regulations may authorise an organisation with which an arrangement is made under section 126 to act as agent for the payment or receipt of sums payable by adoption agencies to other adoption agencies and may require adoption agencies to pay or receive such sums through the organisation.

(2) The organisation is to perform the functions exercisable by virtue of this section in accordance with any directions given by the Secretary of State; and the directions may be of general application... or be special directions.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supply of information for the register

128

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

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

(3) Regulations may require an agency giving information which is entered on the register to pay a prescribed fee to the Secretary of State or the registration organisation.

(4) But an adoption agency is not to disclose any information to the Secretary of State or the registration organisation—

(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 a local authority in England are considering adoption, or persons who were included in the register as such children, without the consent of the prescribed person.

(5) Consent under subsection (4) is to be given in the prescribed form.

Disclosure of information

129

(1) Information entered in the register, or compiled from information entered in the register, may only be disclosed under subsection (2), (2A) or (3) or section 128A.

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

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

(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.

(2A) 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 a Welsh, Scottish or Northern Irish 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 Wales, Scotland or Northern Ireland and which contains information about children who are suitable for adoption or prospective adopters who are suitable to adopt a child.

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

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

(5) Subsection (1) does not apply —

(a) to a disclosure of information with the authority of the Secretary of State,...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(7) Regulations may, in prescribed circumstances, require a prescribed fee to be paid to the Secretary of State or the registration organisation—

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

(aa) by a prescribed Welsh, Scottish or Northern Irish adoption agency in respect of information disclosed under subsection (2A), or

(b) by a person in respect of information disclosed under subsection (2A) or (3).

(8) 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.

(9) A person guilty of an offence under subsection (8) is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

Territorial application

130

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

131

(1) In this group of sections—

(za) adoption agency” means—

(i) a local authority in England,

(ii) a registered adoption society whose principal office is in England,

(a) “organisation” includes a public body and a private or voluntary organisation,

(b) “prescribed” means prescribed by regulations,

(ca) Welsh adoption agency” means—

(i) a local authority in Wales,

(ii) a registered adoption society whose principal office is in Wales.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of this group of sections (except sections 125(1A) and 129(2A)) —

(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.

(2A) For the purposes of sections 125(1A) and 129(2A)—

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

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

(3) Nothing authorised or required to be done by virtue of this group of sections constitutes an offence under section 93, 94 or 95.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other miscellaneous provisions

Amendment of Adoption (Scotland) Act 1978: contravention of sections 30 to 36 of this Act

132

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scottish restriction on bringing children into or out of United Kingdom

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Adoption (Scotland) Act 1978: overseas adoptions

134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adoption and fostering: criminal records

135

(1) Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended as follows.

(2) In section 113 (criminal record certificates), in subsection (3A), for “his suitability” there is substituted “ the suitability of the applicant, or of a person living in the same household as the applicant, to be a foster parent or ”.

(3) In section 115 (enhanced criminal record certificates), in subsection (6A), for “his suitability” there is substituted “ the suitability of the applicant, or of a person living in the same household as the applicant, to be a foster parent or ”.

Payment of grants in connection with welfare services

136

(1) Section 93 of the Local Government Act 2000 (c. 22) (payment of grants for welfare services) is amended as follows.

(2) In subsection (1) (payment of grants by the Secretary of State), for the words from “in providing” to the end there is substituted—

(a) in providing, or contributing to the provision of, such welfare services as may be determined by the Secretary of State, or (b) in connection with any such welfare services.

(3) In subsection (2) (payment of grants by the Assembly), for the words from “in providing” to the end there is substituted—

(a) in providing, or contributing to the provision of, such welfare services as may be determined by the Assembly, or (b) in connection with any such welfare services.

(4) After subsection (6) there is inserted—

(6A) Before making any determination under subsection (3) or (5) the Secretary of State must obtain the consent of the Treasury.

Extension of the Hague Convention to British overseas territories

137

(1) Her Majesty may by Order in Council provide for giving effect to the Convention in any British overseas territory.

(2) An Order in Council under subsection (1) in respect of any British overseas territory may, in particular, make any provision corresponding to provision which in relation to any part of Great Britain is made by the Adoption (Intercountry Aspects) Act 1999 (c. 18) or may be made by regulations under section 1 of that Act.

(3) The British Nationality Act 1981 (c. 61) is amended as follows.

(4) In section 1 (acquisition of British citizenship by birth or adoption)—

(a) in subsection (5), at the end of paragraph (b) there is inserted “ effected under the law of a country or territory outside the United Kingdom ”,

(b) at the end of subsection (5A)(b) there is inserted “ or in a designated territory ”,

(5) In section 15 (acquisition of British overseas territories citizenship)—

(a) after subsection (5) there is inserted—

(5A) Where— (a) a minor who is not a British overseas territories citizen is adopted under a Convention adoption, (b) on the date on which the adoption is effected— (i) the adopter or, in the case of a joint adoption, one of the adopters is a British overseas territories citizen, and (ii) the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in a designated territory, and (c) the Convention adoption is effected under the law of a country or territory outside the designated territory, the minor shall be a British overseas territories citizen as from that date.

(b) in subsection (6), after “order” there is inserted “ or a Convention adoption ”.

(6) In section 50 (interpretation), in subsection (1)—

(a) after the definition of “company” there is inserted—

“Convention adoption” means an adoption effected under the law of a country or territory in which the Convention is in force, and certified in pursuance of Article 23(1) of the Convention

(b) after the definition of “Crown service under the government of the United Kingdom” there is inserted—

“designated territory” means a qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, which is designated by Her Majesty by Order in Council under subsection (14)

(7) After subsection (13) of that section there is inserted—

(14) For the purposes of the definition of “designated territory” in subsection (1), an Order in Council may— (a) designate any qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, if the Convention is in force there, and (b) make different designations for the purposes of section 1 and section 15; and, for the purposes of this subsection and the definition of “Convention adoption” in subsection (1), “the Convention” means the Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993. An Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Proceedings in Great Britain

138

Proceedings for an offence by virtue of section 9, 59, 93, 94, 95 or 129—

(a) may not be brought more than six years after the commission of the offence but, subject to that,

(b) may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

In relation to Scotland, “the prosecutor” is to be read as “the procurator fiscal”.

Amendments etc.

Amendments, transitional and transitory provisions, savings and repeals

139

(1) Schedule 3 (minor and consequential amendments) is to have effect.

(2) Schedule 4 (transitional and transitory provisions and savings) is to have effect.

(3) The enactments set out in Schedule 5 are repealed to the extent specified.

Chapter 2 — Final provisions

Orders, rules and regulations

140

(1) Any power to make subordinate legislation conferred by this Act on the Lord Chancellor, the Secretary of State, the Scottish Ministers, the Assembly or the Registrar General is exercisable by statutory instrument.

(2) A statutory instrument containing subordinate legislation made under any provision of this Act (other than section 14 or 148 or an instrument to which subsection (3) applies) is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) A statutory instrument containing subordinate legislation—

(za) under section 3ZA(6),

(a) under section 9 which includes provision made by virtue of section 45(2),

(b) under section 92(6), 94 or 123(6), or

is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4) Subsections (2) and (3) do not apply to an Order in Council or to subordinate legislation made—

(a) by the Scottish Ministers, or

(b) by the Assembly, unless made jointly by the Secretary of State and the Assembly.

(5) A statutory instrument containing regulations under section 63(2) made by the Scottish Ministers is to be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(6) The power of the Department of Health, Social Services and Public Safety to make regulations under section 63(2) is to be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/ 1573 (N.I. 12)); and any such regulations are to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if they were statutory instruments within the meaning of that Act.

(7) Subordinate legislation made under this Act may make different provision for different purposes or areas.

(8) A power to make subordinate legislation under this Act (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to—

(a) those cases subject to specified exceptions, or

(b) a particular case or class of case.

(9) In this section, “subordinate legislation” does not include a direction.

Rules of procedure

141

(1) Family Procedure Rules may make provision in respect of any matter to be prescribed by rules made by virtue of this Act and dealing generally with all matters of procedure.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(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 21 (or would be required but for subsection (3)(b) of that section) or, if no such person can be found, any relative prescribed by rules who can be found,

(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 21 (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 47 (or would be required but for subsection (2)(c) of that section) or, if no such person can be found, any relative prescribed by rules who can be found,

(ii) every person who has consented to the making of the order under section 20 (and has not withdrawn the consent) unless he has given a notice under subsection (4)(a) of that section which has effect,

(iii) every person who, if leave were given under section 47(5), would be entitled to oppose the making of the order.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children.

Supplementary and consequential provision

142

(1) The appropriate Minister may by order make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

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

(2) For the purposes of subsection (1), where any provision of an order extends to England and Wales, and Scotland or Northern Ireland, the appropriate Minister in relation to the order is the Secretary of State.

(3) Before making an order under subsection (1) containing provision which would, if included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, the appropriate Minister must consult the Scottish Ministers.

(4) Subsection (5) applies to any power of the Lord Chancellor, the Secretary of State or the Assembly to make regulations, rules or an order by virtue of any other provision of this Act....

(5) The power may be exercised so as to make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which the person exercising the power considers necessary or expedient.

(6) The provision which may be made under subsection (1) or (5) includes provision modifying Schedule 4 or amending or repealing any enactment or instrument.

In relation to an Order in Council, “enactment” in this subsection includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

(7) The power of the Registrar General to make regulations under Chapter 5 of Part 1 may, with the approval of the Secretary of State, be exercised so as to make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which the Registrar General considers necessary or expedient.

Offences by bodies corporate and unincorporated bodies

143

(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, that person as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.

(3) Proceedings for an offence alleged to have been committed under this Act by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings in England and Wales or Northern Ireland, any rules of court relating to the service of documents have effect as if that body were a corporation.

(4) A fine imposed on an unincorporated body on its conviction of an offence under this Act is to be paid out of the funds of that body.

(5) If an unincorporated body is charged with an offence under this Act—

(a) in England and Wales, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) (procedure on charge of an offence against a corporation),

(b) in Northern Ireland, section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure on charge of an offence against a corporation),

have effect in like manner as in the case of a corporation so charged.

(6) Where an offence under this Act committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

General interpretation etc.

144

(1) In this Act—

“appropriate Minister” means—in relation to England, Scotland or Northern Ireland, the Secretary of State,in relation to Wales, the Assembly,and in relation to England and Wales means the Secretary of State and the Assembly acting jointly,

“the Assembly” means the National Assembly for Wales,

“body” includes an unincorporated body,

“by virtue of” includes “by” and “under”,

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

“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 order” means an adoption order which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (c. 18) (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” means the High Court or the family court,

“enactment” includes an enactment comprised in subordinate legislation,

“fee” includes expenses,

“guardian” has the same meaning as in the 1989 Act and includes a special guardian within the meaning of that Act,

“information” means information recorded in any form,

“local authority” means any unitary authority, or any county council so far as they are not a unitary authority,

“Northern Irish adoption agency” means an adoption agency within the meaning of Article 3 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),

“Northern Irish adoption order” means an order made, or having effect as if made, under Article 12 of the Adoption (Northern Ireland) Order 1987,

“notice” means a notice in writing,

“registration authority” (in Part 1)—in relation to England, has the same meaning as in the Care Standards Act 2000 (c. 14), andin relation to Wales, means the Welsh Ministers,

“regulations” means regulations made by the appropriate Minister, unless they are required to be made by the Lord Chancellor, the Secretary of State or the Registrar General,

“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,

“rules” means Family Procedure Rules made by virtue of section 141(1),

“Scottish adoption order” means an order made, or having effect as if made, under section 12 of the Adoption (Scotland) Act 1978 (c. 28) or section28(1) of the Adoption and Children (Scotland) Act 2007 (asp4),

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30),

“unitary authority” means—the council of any county so far as they are the council for an area for which there are no district councils,the council of any district comprised in an area for which there is no county council,the council of a county borough,the council of a London borough,the Common Council of the City of London.

(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, “Scottish adoption agency” means—

(a) a local authority, or

(b) a voluntary organisation providing a registered adoption service;

but in relation to the provision of any particular service, references to a Scottish adoption agency do not include a voluntary organisation unless it is registered in respect of that service or a service which, in Scotland, corresponds to that service.

Expressions used in this subsection have the same meaning as in the Public Services Reform (Scotland) Act 2010 (asp 8) and “registered” means registered under Chapter3 of Part 5 of that Act.

(4) In this Act, a couple means—

(a) a married couple, or

(aa) two people who are civil partners of each other, or

(b) two people (whether of different sexes or the same sex) living as partners in an enduring family relationship.

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

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

(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 his adoptive, or former adoptive, parents,

but do not include any other adoptive relationships.

(7) 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.

Devolution: Wales

145

(1) The references to the Adoption Act 1976 (c. 36) and to the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) are to be treated as referring to those Acts as amended by virtue of this Act.

(2) This section does not affect the power to make further Orders varying or omitting those references.

(3) In Schedule 1 to that Order, in the entry for the Adoption Act 1976, “9” is omitted.

(4) The functions exercisable by the Assembly under sections 9 and 9A of the Adoption Act 1976 (by virtue of paragraphs 4 and 5 of Schedule 4 to this Act) are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (c. 38) (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act.

Expenses

146

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act,

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

Glossary

147

Schedule 6 (glossary) is to have effect.

Commencement

148

(1) This Act (except sections 116 and 136, this Chapter and the provisions mentioned in subsections (5) and (6)) is to come into force on such day as the Secretary of State may by order appoint.

(2) Before making an order under subsection (1) (other than an order bringing paragraph 53 of Schedule 3 into force) the Secretary of State must consult the Assembly.

(3) Before making an order under subsection (1) bringing sections 123 and 124 into force, the Secretary of State must also consult the Scottish Ministers and the Department of Health, Social Services and Public Safety.

(4) Before making an order under subsection (1) bringing sections 125 to 131 into force, the Secretary of State must also consult the Scottish Ministers.

(5) The following are to come into force on such day as the Scottish Ministers may by order appoint—

(a) section 41(5) to (9), so far as relating to Scotland,

(b) sections 132 to 134,

(d) paragraphs 15 and 23 of Schedule 4,

(e) the entries in Schedule 5, so far as relating to the provisions mentioned in paragraphs (c) and (d),

(f) section 139, so far as relating to the provisions mentioned in the preceding paragraphs.

(6) Sections 2(6), 3(3) and (4), 4 to 17, 27(3), 53(1) to (3), 54, 56 to 65 and 98, paragraphs 13, 65, 66 and 111 to 113 of Schedule 3 and paragraphs 3 and 5 of Schedule 4 are to come into force on such day as the appropriate Minister may by order appoint.

Extent

149

(1) The amendment or repeal of an enactment has the same extent as the enactment to which it relates.

(2) Subject to that and to the following provisions, this Act except section 137 extends to England and Wales only.

(3) The following extend also to Scotland and Northern Ireland—

(a) sections 63(2) to (5), 65(2)(a) and (b) and (3), 123 and 124,

(b) this Chapter, except sections 141 and 145.

(4) The following extend also to Scotland—

(a) section 41(5) to (9),

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 139, so far as relating to provisions extending to Scotland.

(5) In Schedule 4, paragraph 23 extends only to Scotland.

Short title

150

This Act may be cited as the Adoption and Children Act 2002.

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 Registrar General with the approval of the Secretary of State.

(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 England or Wales under Part 1 of this Act or any other enactment—

(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.

Registration of adoptions in Scotland, Northern Ireland, 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 the British Islands outside England and Wales that an order has been made in that part 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 part 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 part 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 he has sufficient particulars relating to a child adopted under a registrable foreign adoption to enable an entry to be made in the Adopted Children Register for the child he must make the entry accordingly.

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

(a) “prescribed” means prescribed by regulations made by the Registrar General with the approval of the Secretary of State,

(b) “overseas register of births” includes—

(i) a register made under regulations made by the Secretary of State under section 41(1)(g), (h) or (i) of the British Nationality Act 1981 (c. 61),

(ii) a record kept under an Order in Council made under section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58) (other than a certified copy kept by the Registrar General).

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 78(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,

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

(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.

Marking of entries on re-registration of birth on legitimation

5

(1) Without prejudice to paragraphs 2(4) and 4(5), where, after an entry in the registers of live-births or other records has been marked in accordance with paragraph 1 or 2, the birth is re-registered under section 14 of the Births and Deaths Registration Act 1953 (c. 20) (re-registration of births of legitimated persons), the entry made on the re-registration must be marked in the like manner.

(2) Without prejudice to paragraph 4(9), where an entry in the registers of live-births or other records is marked in pursuance of paragraph 3 and the birth in question is subsequently re-registered under section 14 of that Act, the entry made on re-registration must be marked in the like manner.

Cancellations in registers on legitimation

6

(1) This paragraph applies where an adoption order is revoked under section 55(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.

SCHEDULE 2

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 his birth.

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 a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),

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

(c) if the applicant is in Scotland, from any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

(d) if the applicant is in Northern Ireland, from any Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)).

(2) In sub-paragraph (1)(b), “registered adoption support agency” means—

(a) in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14), or

(b) in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) 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

(1) Where an adopted person who is in England and Wales—

(a) applies for information under paragraph 1 or Article 54 of the Adoption (Northern Ireland) Order 1987, or

(b) is supplied with information under section 55(4)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4),

the persons and bodies mentioned in sub-paragraph (2) must, if asked by the applicant to do so, provide counselling for the applicant.

(2) Those persons and bodies are—

(a) the Registrar General,

(b) any local authority,

(c) a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987.

4

(1) Where a person—

(a) was adopted before 12th November 1975, and

(b) applies for information under paragraph 1,

the Registrar General must not give the information to the applicant unless the applicant has attended an interview with a counsellor arranged by a person or body from whom counselling services are available as mentioned in paragraph 2.

(2) Where the Registrar General is prevented by sub-paragraph (1) from giving information to a person who is not living in the United Kingdom, the Registrar General may give the information to any body which—

(a) the Registrar General is satisfied is suitable to provide counselling to that person, and

(b) has notified the Registrar General that it is prepared to provide such counselling.

SCHEDULE 3

The Marriage Act 1949 (c. 76)

1

Section 3 of the Marriage Act 1949 (marriage of person aged under eighteen) is amended as follows.

2

In subsection (1), for “person or persons specified in subsection (1A) of this section” there is substituted “ appropriate persons ”.

3

For subsection (1A) there is substituted—

(1A) The appropriate persons are— (a) if none of paragraphs (b) to (h) apply, each of the following— (i) any parent of the child who has parental responsibility for him; and (ii) any guardian of the child; (b) where a special guardianship order is in force with respect to a child, each of the child’s special guardians, unless any of paragraphs (c) to (g) applies; (c) where a care order has effect with respect to the child, the local authority designated in the order, and each parent, guardian or special guardian (in so far as their parental responsibility has not been restricted under section 33(3) of the Children Act 1989), unless paragraph (e) applies; (d) where a residence order has effect with respect to the child, the persons with whom the child lives, or is to live, as a result of the order, unless paragraph (e) applies; (e) where an adoption agency is authorised to place the child for adoption under section 19 of the Adoption and Children Act 2002, that agency or, where a care order has effect with respect to the child, the local authority designated in the order; (f) where a placement order is in force with respect to the child, the appropriate local authority; (g) where a child has been placed for adoption with prospective adopters, the prospective adopters (in so far as their parental responsibility has not been restricted under section 25(4) of the Adoption and Children Act 2002), in addition to those persons specified in paragraph (e) or (f); (h) where none of paragraphs (b) to (g) apply but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the persons with whom he lived, or was to live, as a result of the order.

4

For subsection (1B) there is substituted—

(1B) In this section— - “guardian of a child”, “parental responsibility”, “residence order”, “special guardian”, “special guardianship order” and “care order” have the same meaning as in the Children Act 1989; - “adoption agency”, “placed for adoption”, “placement order” and “local authority” have the same meaning as in the Adoption and Children Act 2002; - “appropriate local authority” means the local authority authorised by the placement order to place the child for adoption.

5

In subsection (2), for “The last foregoing subsection” there is substituted “ Subsection (1) ”.

The Births and Deaths Registration Act 1953 (c. 20)

6

In section 10 of the Births and Deaths Registration Act 1953 (registration of father where parents not married)—

(a) in subsection (1)(d)(i), for “a parental responsibility agreement made between them in relation to the child” there is substituted “ any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child ”,

(b) in subsection (1)(d)(ii), for “the Children Act 1989” there is substituted “ that Act ”,

7

In section 10A of the Births and Deaths Registration Act 1953 (re-registration of father where parents not married)—

(a) in subsection (1)(d)(i), for “a parental responsibility agreement made between them in relation to the child” there is substituted “ any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child ”,

(b) in subsection (1)(d)(ii), for “the Children Act 1989” there is substituted “ that Act ”.

The Sexual Offences Act 1956 (c. 69)

8

In section 28 of the Sexual Offences Act 1956 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen), in subsection (4), the “or” at the end of paragraph (a) is omitted, and after that paragraph there is inserted—

(aa) a special guardianship order under that Act is in force with respect to her and he is not her special guardian; or

The Health Services and Public Health Act 1968 (c. 46)

9

The Health Services and Public Health Act 1968 is amended as follows.

10

In section 64 (financial assistance by the Secretary of State to certain voluntary organisations), in subsection (3)(a)(xviii), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.

11

In section 65 (financial and other assistance by local authorities to certain voluntary organisations), in subsection (3)(b), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.

12

The Local Authority Social Services Act 1970 is amended as follows.

13

In section 7D (default powers of Secretary of State as respects social services functions of local authorities), in subsection (1), after “the Children Act 1989” there is inserted “ section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or the Adoption and Children Act 2002 ”.

14

In Schedule 1 (enactments conferring functions assigned to social services committee)—

(a) the entry relating to the Adoption Act 1976 is omitted,

(b) in the entry relating to the Children Act 1989, after “Consent to application for residence order in respect of child in care” there is inserted “ Functions relating to special guardianship orders ”,

(i) in the first column, for “Section” there is substituted “ Sections 1 and ”,

(ii) in the second column, for “Article 9(a) to (c) of” there is substituted “ regulations made under section 1 giving effect to ” and at the end there is inserted “ and functions under Article 9(a) to (c) of the Convention ”,

and at the end of the Schedule there is inserted—

Adoption and Children Act 2002	Maintenance of Adoption Service; functions of local authority as adoption agency.

The Immigration Act 1971 (c. 77)

15

In section 33(1) of the Immigration Act 1971 (interpretation)—

(a) in the definition of “Convention adoption”, after “1978” there is inserted “ or in the Adoption and Children Act 2002 ”,

(b) in the definition of “legally adopted”, for “section 72(2) of the Adoption Act 1976” there is substituted “ section 87 of the Adoption and Children Act 2002 ”.

The Legitimacy Act 1976 (c. 31)

16

The Legitimacy Act 1976 is amended as follows.

17

In section 4 (legitimation of adopted child)—

(a) in subsection (1), after “1976” there is inserted “ or section 67 of the Adoption and Children Act 2002 ”,

(b) in subsection (2)—

(i) in paragraph (a), after “39” there is inserted “ or subsection (3)(b) of the said section 67 ”,

(ii) in paragraph (b), after “1976” there is inserted “ or section 67, 68 or 69 of the Adoption and Children Act 2002 ”.

18

In section 6 (dispositions depending on date of birth), at the end of subsection (2) there is inserted “ or section 69(2) of the Adoption and Children Act 2002 ”.

The Adoption Act 1976 (c. 36)

19

In section 38 of the Adoption Act 1976 (meaning of “adoption” in Part 4), in subsection (2), after “1975” there is inserted “ but does not include an adoption of a kind mentioned in paragraphs (c) to (e) of subsection (1) effected on or after the day which is the appointed day for the purposes of Chapter 4 of Part 1 of the Adoption and Children Act 2002 ”.

The National Health Service Act 1977 (c. 49)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Adoption (Scotland) Act 1978 (c. 28)

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates' Courts Act 1980 (c. 43)

36

The Magistrates’ Courts Act 1980 is amended as follows.

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

In section 71 (newspaper reports of family proceedings)—

(a) in subsection (1), “(other than proceedings under the Adoption Act 1976)” is omitted,

(b) in subsection (2)—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) the words following “(a) and (b)” are omitted.

40

In Part 1 of Schedule 6 (fees to be taken by justices’ chief executives), in the entry relating to family proceedings—

(a) for “the Adoption Act 1976, except under section 21 of that Act”, there is substituted “ the Adoption and Children Act 2002, except under section 23 of that Act ”,

(b) in paragraph (c), for “section 21 of the Adoption Act 1976” there is substituted “ section 23 of the Adoption and Children Act 2002 ”.

The Mental Health Act 1983 (c. 20)

41

In section 28 of the Mental Health Act 1983 (nearest relative of minor under guardianship, etc.), in subsection (3), after “ “guardian”” there is inserted “ includes a special guardian (within the meaning of the Children Act 1989), but ”.

The Child Abduction Act 1984 (c. 37)

42

(1) Section 1 of the Child Abduction Act 1984 (offence of abduction of child by parent, etc.) is amended as follows.

(2) In subsection (2), after paragraph (c) there is inserted—

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

(3) In subsection (3)(a), after sub-paragraph (iii) there is inserted—

(iiia) any special guardian of the child;

(4) In subsection (4), for paragraphs (a) and (b) there is substituted—

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

(5) In subsection (5A), the “or” at the end of sub-paragraph (i) of paragraph (a) is omitted, and after that sub-paragraph there is inserted—

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

(6) In subsection (7)(a), after “ “guardian of a child,”” there is inserted “ “special guardian,” ”.

43

(1) The Schedule to that Act (modifications of section 1 for children in certain cases) is amended as follows.

(2) In paragraph 3 (adoption and custodianship), for sub-paragraphs (1) and (2) there is substituted—

(1) This paragraph applies where— (a) a child is placed for adoption by an adoption agency under section 19 of the Adoption and Children Act 2002, or an adoption agency is authorised to place the child for adoption under that section; or (b) a placement order 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 84 of the Adoption and Children Act 2002 (giving parental responsibility prior to adoption abroad) has been made in respect of the child, or an application for such an order in respect of him has been made and has not been disposed of. (2) Where this paragraph applies, section 1 of this Act shall have effect as if— (a) the reference in subsection (1) to the appropriate consent were— (i) in a case within sub-paragraph (1)(a) above, a reference to the consent of each person who has parental responsibility for the child or to the leave of the High Court; (ii) in a case within sub-paragraph (1)(b) above, a reference to the leave of the court which made the placement order; (iii) in a case within sub-paragraph (1)(c) or (d) above, a reference to the leave of the court to which the application was made; (iv) in a case within sub-paragraph (1)(e) above, a reference to the leave of the court which made the order or, as the case may be, to which the application was made; (b) subsection (3) were omitted; (c) in subsection (4), in paragraph (a), for the words from “in whose favour” to the first mention of “child” there were substituted “who provides the child’s home in a case falling within sub-paragraph (1)(a) or (b) of paragraph 3 of the Schedule to this Act”; and (d) subsections (4A), (5), (5A) and (6) were omitted.

(3) In paragraph 5 (interpretation), in sub-paragraph (a), for the words from “and “adoption order”” to the end there is substituted “ , “adoption order”, “placed for adoption by an adoption agency” and “placement order” have the same meaning as in the Adoption and Children Act 2002; and ”.

The Matrimonial and Family Proceedings Act 1984 (c. 42)

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Child Abduction and Custody Act 1985 (c. 60)

45

In Schedule 3 to the Child Abduction and Custody Act 1985 (custody orders), in paragraph 1, the “and” at the end of paragraph (b) is omitted and after that paragraph there is inserted—

(bb) a special guardianship order (within the meaning of the Act of 1989); and

The Family Law Act 1986 (c. 55)

46

The Family Law Act 1986 is amended as follows.

47

In section 1 (orders to which Part 1 applies), in subsection (1), after paragraph (a) there is inserted—

(aa) a special guardianship order made by a court in England and Wales under the Children Act 1989; (ab) an order made under section 26 of the Adoption and Children Act 2002 (contact), other than an order varying or revoking such an order

48

In section 2 (jurisdiction: general), after subsection (2) there is inserted—

(2A) A court in England and Wales shall not have jurisdiction to make a special guardianship order under the Children Act 1989 unless the condition in section 3 of this Act is satisfied. (2B) A court in England and Wales shall not have jurisdiction to make an order under section 26 of the Adoption and Children Act 2002 unless the condition in section 3 of this Act is satisfied.

49

In section 57 (declarations as to adoptions effected overseas)—

(a) for subsection (1)(a) there is substituted—

(a) a Convention adoption, or an overseas adoption, within the meaning of the Adoption and Children Act 2002, or

(b) in subsection (2)(a), after “1976” there is inserted “ or section 67 of the Adoption and Children Act 2002 ”.

The Family Law Reform Act 1987 (c. 42)

50

The Family Law Reform Act 1987 is amended as follows.

51

In section 1 (general principle), for paragraph (c) of subsection (3) there is substituted—

(c) is an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002

52

In section 19 (dispositions of property), in subsection (5), after “1976” there is inserted “ or section 69 of the Adoption and Children Act 2002 ”.

The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

53

In Article 2(2) (interpretation), in the definition of “prescribed”, for “Articles 54” there is substituted “ Articles 53(3B) and (3D), 54 ”.

The Children Act 1989 (c. 41)

54

The Children Act 1989 is amended as follows.

55

In section 8 (residence, contact and other orders with respect to children), in subsection (4), for paragraph (d) there is substituted—

(d) the Adoption and Children Act 2002;

56

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

(a) in subsection (4)(a), for “or guardian” there is substituted “ , guardian or special guardian ”,

(b) after subsection (4)(a) there is inserted—

(aa) any person who by virtue of section 4A has parental responsibility for the child;

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

(d) after subsection (7) there is inserted—

(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 him, if apart from this subsection the leave of the court is not required, with such leave.

57

In section 12 (residence orders and parental responsibility), in subsection (3)—

(a) paragraph (a) is omitted,

(b) in paragraph (b), for “section 55 of the Act of 1976” there is substituted “ section 84 of the Adoption and Children Act 2002 ”.

58

In section 16 (family assistance orders), in subsection (2)(a), for “or guardian” there is substituted “ , guardian or special guardian ”.

59

In section 20 (provision of accommodation for children: general), in subsection (9), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

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

60

In section 24 (persons qualifying for advice and assistance)—

(a) for subsection (1) there is substituted—

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

(b) in subsection (2), for “subsection (1)(b)” there is substituted “ subsection (1B)(b) ”,

(za) in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the Secretary of State;

61

In section 24A (advice and assistance for qualifying persons)—

(a) in subsection (2)(b), after “a person” there is inserted “ to whom section 24(1A) applies, or to whom section 24(1B) applies and ”,

(b) in subsection (3)(a), after “if” there is inserted “ he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and ”.

62

In section 24B (assistance with employment, education and training), in each of subsections (1) and (3)(b), after “of” there is inserted “ section 24(1A) or ”.

63

In section 33 (effect of care order)—

(a) in subsection (3)(b), for “a parent or guardian of the child” there is substituted

— (i) a parent, guardian or special guardian of the child; or (ii) a person who by virtue of section 4A has parental responsibility for the child,

(b) in subsection (5), for “a parent or guardian of the child who has care of him” there is substituted “ a person mentioned in that provision who has care of the child ”,

(i) sub-paragraph (i) is omitted,

(ii) in sub-paragraph (ii), for “section 55 of the Act of 1976” there is substituted “ section 84 of the Adoption and Children Act 2002 ”,

(d) in subsection (9), for “a parent or guardian of the child” there is substituted “ a person mentioned in that provision ”.

64

In section 34 (parental contact etc. with children in care)—

(a) in subsection (1)(b), after “guardian” there is inserted “ or special guardian ”, and

(b) after subsection (1)(b) there is inserted—

(ba) any person who by virtue of section 4A has parental responsibility for him;

65

In section 80 (inspection of children’s homes by persons authorised by Secretary of State), in subsection (1), paragraphs (e) and (f) are omitted.

66

In section 81 (inquiries), in subsection (1), paragraph (b) is omitted.

67

In section 88 (amendments of adoption legislation), subsection (1) is omitted.

68

In section 91 (effect and duration of orders, etc.)—

(a) after subsection (5) there is inserted—

(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 section 34, discharges that order.

(b) in subsection (7), after “4(1)” there is inserted “ 4A(1) ”,

69

In section 102 (power of constable to assist in exercise of certain powers to search for children or inspect premises), in subsection (6), paragraph (c) is omitted.

70

In section 105 (interpretation), in subsection (1)—

(a) in the definition of “adoption agency”, for “section 1 of the Adoption Act 1976” there is substituted “ section 2 of the Adoption and Children Act 2002 ”,

(b) at the appropriate place there is inserted—

“section 31A plan” has the meaning given by section 31A(6);

(c) in the definition of “parental responsibility agreement”, for “section 4(1)” there is substituted “ sections 4(1) and 4A(2) ”,

(d) the definition of “protected child” is omitted,

(e) after the definition of “special educational needs” there is inserted—

“special guardian” and “special guardianship order” have the meaning given by section 14A;

71

In Schedule 1 (financial provision for children)—

(a) in paragraph 1 (orders for financial relief against parents)—

(i) in sub-paragraph (1), for “or guardian” there is substituted “ , guardian or special guardian ”, and

(ii) in sub-paragraph (6), after “order” there is inserted “ or a special guardianship order ”,

(b) in paragraph 6 (variation etc of orders for periodical payments), in sub-paragraph (8), after “guardian” there is inserted “ or special guardian ”,

(c) in paragraph 8 (financial relief under other enactments), in sub-paragraph (1) and in sub-paragraph (2)(b), after “residence order” there is inserted “ or a special guardianship order ”,

(d) in paragraph 14 (financial provision for child resident in country outside England and Wales), in sub-paragraph (1)(b), after “guardian” there is inserted “ or special guardian ”.

72

In Schedule 2, in paragraph 19 (arrangements by local authorities to assist children to live abroad)—

(a) in sub-paragraph (4) (arrangements to assist children to live abroad), after “guardian,” there is inserted “ special guardian, ”,

(b) in sub-paragraph (6), for the words from the beginning to “British subject)” there is substituted “ Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) ”,

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

73

In Schedule 8 (privately fostered children), in paragraph 5, for sub-paragraphs (a) and (b) there is substituted

he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of— (a) section 2 of the Adoption and Children Act 2002; (b) section 1 of the Adoption (Scotland) Act 1978; or (c) Article 3 of the Adoption (Northern Ireland) Order 1987

74

Part 1 of Schedule 10 is omitted.

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Human Fertilisation and Embryology Act 1990 (c. 37)

76

The Human Fertilisation and Embryology Act 1990 is amended as follows.

77

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.