Adoption and Children Act 2002

• “appointed day” means the day appointed for the commencement of sections 56 to 65,

• “prescribed” means prescribed by regulations under section 9;

• “registered adoption support agency” means— 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), orin 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);

• “relative”, in relation to an adopted person, means any person who (but for his adoption) would be related to him by blood (including half-blood) , marriage or civil partnership.

Proceedings

Proceedings for offences

99

Proceedings for an offence by virtue of section 9 or 59 may not, without the written consent of the Attorney General, be taken by any person other than Her Majesty's Chief Inspector of Education, Children's Services and Skills or the Assembly.

Appeals

100

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

Privacy

101

• (1) Proceedings under this Act in the High Court or the family court may be heard and determined in private.

• (2) In section 12 of the Administration of Justice Act 1960 (c. 65) (publication of information relating to proceedings in private), in subsection (1)(a)(ii), after “1989” there is inserted “ or the Adoption and Children Act 2002 ”.

• (3) In section 97 of the 1989 Act (privacy for children involved in certain proceedings), after “this Act” in subsections (1) and (2) there is inserted “ or the Adoption and Children Act 2002 ”.

The Children and Family Court Advisory and Support Service

Officers of the Service

102

• (1) For the purposes of—

• (a) any relevant application,

• (b) the signification by any person of any consent to placement or adoption,

rules must provide for the appointment in prescribed cases of an officer of the Children and Family Court Advisory and Support Service (“the Service”) or a Welsh family proceedings officer.

• (2) The rules may provide for the appointment of such an officer in other circumstances in which it appears to the Lord Chancellor to be necessary or expedient to do so.

• (3) The rules may provide for the officer—

• (a) to act on behalf of the child upon the hearing of any relevant application, with the duty of safeguarding the interests of the child in the prescribed manner,

• (b) where the court so requests, to prepare a report on matters relating to the welfare of the child in question,

• (c) to witness documents which signify consent to placement or adoption,

• (d) to perform prescribed functions.

• (4) A report prepared in pursuance of the rules on matters relating to the welfare of a child must—

• (a) deal with prescribed matters (unless the court orders otherwise), and

• (b) be made in the manner required by the court.

• (5) A person who—

• (a) in the case of an application for the making, varying or revocation of a placement order, is employed by the local authority which made the application,

• (b) in the case of an application for an adoption order in respect of a child who was placed for adoption, is employed by the adoption agency which placed him, or

• (c) is within a prescribed description,

is not to be appointed under subsection (1) or (2).

• (6) In this section, “relevant application” means an application for—

• (a) the making, varying or revocation of a placement order,

• (b) the making of an order under section 26, or the varying or revocation of such an order,

• (c) the making of an adoption order, or

• (d) the making of an order under section 84.

• (7) Rules may make provision as to the assistance which the court may require an officer of the Service or a Welsh family proceedings officer to give to it.

• (8) In this section and section 103 “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.

Right of officers of the Service to have access to adoption agency records

103

• (1) Where an officer of the Service or a Welsh family proceedings officer has been appointed to act under section 102(1), he has the right at all reasonable times to examine and take copies of any records of, or held by, an adoption agency which were compiled in connection with the making, or proposed making, by any person of any application under this Part in respect of the child concerned.

• (2) Where an officer of the Service or a Welsh family proceedings officer takes a copy of any record which he is entitled to examine under this section, that copy or any part of it is admissible as evidence of any matter referred to in any—

• (a) report which he makes to the court in the proceedings in question, or

• (b) evidence which he gives in those proceedings.

• (3) Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.

Evidence

Evidence of consent

104

• (1) If a document signifying any consent which is required by this Part to be given is witnessed in accordance with rules, it is to be admissible in evidence without further proof of the signature of the person by whom it was executed.

• (2) A document signifying any such consent which purports to be witnessed in accordance with rules is to be presumed to be so witnessed, and to have been executed and witnessed on the date and at the place specified in the document, unless the contrary is proved.

Scotland, Northern Ireland and the Islands

Effect of certain Scottish orders and provisions

105

• (1) A Scottish adoption order or an order under section 25 of the Adoption (Scotland) Act 1978 (c. 28) (interim adoption orders) has effect in England and Wales as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

• (2) A Scottish permanence order which includes provision granting authority for the child to be adopted has the same effect in England and Wales as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

• (3) Any person who contravenes any of the provisions of the Adoption and Children (Scotland) Act 2007 mentioned in subsection(3A) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3months, or a fine not exceeding level5 on the standard scale or both.

• (3A) The provisions are—

• (a) section20 (restrictions on removal: child placed for adoption);

• (b) section21 (restrictions on removal: notice of intention to adopt given);

• (c) section22 (restrictions on removal: application for adoption order pending).

• (4) Orders made under section24 of the Adoption and Children (Scotland) Act 2007 (return of child removed in breach of certain provisions) are to have effect in England and Wales as if they were orders of the High Court under section 41 of this Act.

• (5) In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions Order 2009 (S.S.I. 2009/267)).

Effect of certain Northern Irish orders and provisions

106

• (1) A Northern Irish adoption order or an order under Article 26 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) (interim orders) has effect in England and Wales as it has in Northern Ireland.

• (2) An order made under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 (freeing orders), or the variation or revocation of such an order under Article 20 or 21 of that Order, have effect in England and Wales as they have in Northern Ireland.

• (3) Any person who—

• (a) contravenes Article 28(1) or (2) of the Adoption (Northern Ireland) Order 1987 (removal where adoption agreed etc.), or

• (b) contravenes Article 29(1) or (2) of that Order (removal where applicant provided home),

is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

• (4) Orders made under Article 30 of that Order (order to return or not to remove child) are to have effect in England and Wales as if they were orders of the High Court under section 41 of this Act.

Use of adoption records from other parts of the British Islands

107

Any document which is receivable as evidence of any matter—

• (a) in Scotland under section 56(1) or (2) of the Adoption and Children (Scotland) Act 2007 (asp 4) (admissibility of extracts as evidence),

• (b) in Northern Ireland under Article 63(1) of the Adoption (Northern Ireland) Order 1987, or

• (c) in the Isle of Man or any of the Channel Islands under an enactment corresponding to section 77(3) of this Act,

is also receivable as evidence of that matter in England and Wales.

Channel Islands and the Isle of Man

108

• (1) Regulations may provide—

• (a) for a reference in any provision of this Act to an order of a court to include an order of a court in the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the order in question,

• (b) for a reference in any provision of this Act to an adoption agency to include a person who appears to the Secretary of State to exercise functions under the law of the Isle of Man or any of the Channel Islands which correspond to those of an adoption agency and for any reference in any provision of this Act to a child placed for adoption by an adoption agency to be read accordingly,

• (c) for a reference in any provision of this Act to an enactment (including an enactment contained in this Act) to include a provision of the law of the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the enactment,

• (d) for any reference in any provision of this Act to the United Kingdom to include the Isle of Man or any of the Channel Islands.

• (2) Regulations may modify any provision of this Act, as it applies to any order made, or other thing done, under the law of the Isle of Man or any of the Channel Islands.

• (3) In this section, “regulations” means regulations made by the Secretary of State after consultation with the Assembly.

General

Avoiding delay

109

• (1) In proceedings in which a question may arise as to whether an adoption order or placement order should be made, or any other question with respect to such an order, the court must (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b))—

• (a) draw up a timetable with a view to determining such a question without delay, and

• (b) give such directions as it considers appropriate for the purpose of ensuring that the timetable is adhered to.

• (2) Rules may—

• (a) prescribe periods within which prescribed steps must be taken in relation to such proceedings, and

• (b) make other provision with respect to such proceedings for the purpose of ensuring that such questions are determined without delay.

Service of notices etc.

110

Any notice or information required to be given by virtue of this Act may be given by post.

Part 2 — Amendments of the Children Act 1989

Parental responsibility of unmarried father

111

• (1) Section 4 of the 1989 Act (acquisition of responsibility by the father of a child who is not married to the child’s mother) is amended as follows.

• (2) In subsection (1) (cases where parental responsibility is acquired), for the words after “birth” there is substituted

, the father shall acquire parental responsibility for the child if— (a) he becomes registered as the child’s father under any of the enactments specified in subsection (1A); (b) he and the child’s mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or (c) the court, on his application, orders that he shall have parental responsibility for the child.

• (3) After that subsection there is inserted—

(1A) The enactments referred to in subsection (1)(a) are— (a) paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953; (b) paragraphs (a), (b)(i) and (c) of section 18(1), and sections 18(2)(b) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and (c) sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976. (1B) The Lord Chancellor may by order amend subsection (1A) so as to add further enactments to the list in that subsection.

• (4) For subsection (3) there is substituted—

(2A) A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders. (3) The court may make an order under subsection (2A) on the application— (a) of any person who has parental responsibility for the child; or (b) with the leave of the court, of the child himself, subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).

• (5) Accordingly, in section 2(2) of the 1989 Act (a father of a child who is not married to the child’s mother shall not have parental responsibility for the child unless he acquires it in accordance with the provisions of the Act), for the words from “shall not” to “acquires it” there is substituted “ shall have parental responsibility for the child if he has acquired it (and has not ceased to have it) ”.

• (6) In section 104 of the 1989 Act (regulations and orders)—

• (a) in subsection (2), after “section” there is inserted “ 4(1B), ”, and

• (b) in subsection (3), after “section” there is inserted “ 4(1B) or ”.

• (7) Paragraph (a) of section 4(1) of the 1989 Act, as substituted by subsection (2) of this section, does not confer parental responsibility on a man who was registered under an enactment referred to in paragraph (a), (b) or (c) of section 4(1A) of that Act, as inserted by subsection (3) of this section, before the commencement of subsection (3) in relation to that paragraph.

Acquisition of parental responsibility by step-parent

112

After section 4 of the 1989 Act there is inserted—

(4A) (1) Where a child’s parent (“parent A”) who has parental responsibility for the child is married to a person who is not the child’s parent (“the step-parent”)— (a) parent A or, if the other parent of the child also has parental responsibility for the child, both parents may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or (b) the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child. (2) An agreement under subsection (1)(a) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 4. (3) A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application— (a) of any person who has parental responsibility for the child; or (b) with the leave of the court, of the child himself. (4) The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.

Section 8 orders: local authority foster parents

113

In section 9 of the 1989 Act (restrictions on making section 8 orders)—

• (a) in subsection (3)(c), for “three years” there is substituted “ one year ”, and

• (b) subsection (4) is omitted.

Residence orders: extension to age of 18

114

• (1) In section 12 of the 1989 Act (residence orders and parental responsibility), after subsection (4) there is inserted—

(5) The power of a court to make a residence order in favour of any person who is not the parent or guardian of the child concerned includes power to direct, at the request of that person, that the order continue in force until the child reaches the age of eighteen (unless the order is brought to an end earlier); and any power to vary a residence order is exercisable accordingly. (6) Where a residence order includes such a direction, an application to vary or discharge the order may only be made, if apart from this subsection the leave of the court is not required, with such leave

.

• (2) In section 9 of that Act (restrictions on making section 8 orders), at the beginning of subsection (6) there is inserted “ Subject to section 12(5) ”.

• (3) In section 91 of that Act (effect and duration of orders), in subsection (10), after “9(6)” there is inserted “ or 12(5) ”.

Special guardianship

115

• (1) After section 14 of the 1989 Act there is inserted—

(14A) (1) A “special guardianship order” is an order appointing one or more individuals to be a child’s “special guardian” (or special guardians). (2) A special guardian— (a) must be aged eighteen or over; and (b) must not be a parent of the child in question, and subsections (3) to (6) are to be read in that light. (3) The court may make a special guardianship order with respect to any child on the application of an individual who— (a) is entitled to make such an application with respect to the child; or (b) has obtained the leave of the court to make the application, or on the joint application of more than one such individual. (4) Section 9(3) applies in relation to an application for leave to apply for a special guardianship order as it applies in relation to an application for leave to apply for a section 8 order. (5) The individuals who are entitled to apply for a special guardianship order with respect to a child are— (a) any guardian of the child; (b) any individual in whose favour a residence order is in force with respect to the child; (c) any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section); (d) a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application. (6) The court may also make a special guardianship order with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if— (a) an application for the order has been made by an individual who falls within subsection (3)(a) or (b) (or more than one such individual jointly); or (b) the court considers that a special guardianship order should be made even though no such application has been made. (7) No individual may make an application under subsection (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, he has given written notice of his intention to make the application— (a) if the child in question is being looked after by a local authority, to that local authority, or (b) otherwise, to the local authority in whose area the individual is ordinarily resident. (8) On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with— (a) the suitability of the applicant to be a special guardian; (b) such matters (if any) as may be prescribed by the Secretary of State; and (c) any other matter which the local authority consider to be relevant. (9) The court may itself ask a local authority to conduct such an investigation and prepare such a report, and the local authority must do so. (10) The local authority may make such arrangements as they see fit for any person to act on their behalf in connection with conducting an investigation or preparing a report referred to in subsection (8) or (9). (11) The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8). (12) Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders. (13) This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002. (14B) (1) Before making a special guardianship order, the court must consider whether, if the order were made— (a) a contact order should also be made with respect to the child, and (b) any section 8 order in force with respect to the child should be varied or discharged. (2) On making a special guardianship order, the court may also— (a) give leave for the child to be known by a new surname; (b) grant the leave required by section 14C(3)(b), either generally or for specified purposes. (14C) (1) The effect of a special guardianship order is that while the order remains in force— (a) a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and (b) subject to any other order in force with respect to the child under this Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian). (2) Subsection (1) does not affect— (a) the operation of any enactment or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or (b) any rights which a parent of the child has in relation to the child’s adoption or placement for adoption. (3) While a special guardianship order is in force with respect to a child, no person may— (a) cause the child to be known by a new surname; or (b) remove him from the United Kingdom, without either the written consent of every person who has parental responsibility for the child or the leave of the court. (4) Subsection (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of his. (5) If the child with respect to whom a special guardianship order is in force dies, his special guardian must take reasonable steps to give notice of that fact to— (a) each parent of the child with parental responsibility; and (b) each guardian of the child, but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian. (6) This section is subject to section 29(7) of the Adoption and Children Act 2002. (14D) (1) The court may vary or discharge a special guardianship order on the application of— (a) the special guardian (or any of them, if there are more than one); (b) any parent or guardian of the child concerned; (c) any individual in whose favour a residence order is in force with respect to the child; (d) any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child; (e) the child himself; or (f) a local authority designated in a care order with respect to the child. (2) In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under subsection (1). (3) The following must obtain the leave of the court before making an application under subsection (1)— (a) the child; (b) any parent or guardian of his; (c) any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A; (d) any individual falling within subsection (1)(d) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him. (4) Where the person applying for leave to make an application under subsection (1) is the child, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application under subsection (1). (5) The court may not grant leave to a person falling within subsection (3)(b)(c) or (d) unless it is satisfied that there has been a significant change in circumstances since the making of the special guardianship order. (14E) (1) In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court shall (in the light of any rules made by virtue of subsection (3))— (a) draw up a timetable with a view to determining the question without delay; and (b) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to. (2) Subsection (1) applies also in relation to proceedings in which any other question with respect to a special guardianship order arises. (3) The power to make rules in subsection (2) of section 11 applies for the purposes of this section as it applies for the purposes of that. (4) A special guardianship order, or an order varying one, may contain provisions which are to have effect for a specified period. (5) Section 11(7) (apart from paragraph (c)) applies in relation to special guardianship orders and orders varying them as it applies in relation to section 8 orders. (14F) (1) Each local authority must make arrangements for the provision within their area of special guardianship support services, which means— (a) counselling, advice and information; and (b) such other services as are prescribed, in relation to special guardianship. (2) The power to make regulations under subsection (1)(b) is to be exercised so as to secure that local authorities provide financial support. (3) At the request of any of the following persons— (a) a child with respect to whom a special guardianship order is in force; (b) a special guardian; (c) a parent; (d) any other person who falls within a prescribed description, a local authority may carry out an assessment of that person’s needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions). (4) A local authority may, at the request of any other person, carry out an assessment of that person’s needs for special guardianship support services. (5) Where, as a result of an assessment, a local authority decide that a person has needs for special guardianship support services, they must then decide whether to provide any such services to that person. (6) If— (a) a local authority decide to provide any special guardianship support services to a person, and (b) the circumstances fall within a prescribed description, the local authority must prepare a plan in accordance with which special guardianship support services are to be provided to him, and keep the plan under review. (7) The Secretary of State may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services. (8) The regulations may in particular make provision— (a) about the type of assessment which is to be carried out, or the way in which an assessment is to be carried out; (b) about the way in which a plan is to be prepared; (c) about the way in which, and the time at which, a plan or the provision of special guardianship support services is to be reviewed; (d) about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan; (e) as to the circumstances in which a local authority may provide special guardianship support services subject to conditions (including conditions as to payment for the support or the repayment of financial support); (f) as to the consequences of conditions imposed by virtue of paragraph (e) not being met (including the recovery of any financial support provided); (g) as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority’s area; (h) as to the circumstances in which a local authority may recover from another local authority the expenses of providing special guardianship support services to any person. (9) A local authority may provide special guardianship support services (or any part of them) by securing their provision by— (a) another local authority; or (b) a person within a description prescribed in regulations of persons who may provide special guardianship support services, and may also arrange with any such authority or person for that other authority or that person to carry out the local authority’s functions in relation to assessments under this section. (10) A local authority may carry out an assessment of the needs of any person for the purposes of this section at the same time as an assessment of his needs is made under any other provision of this Act or under any other enactment. (11) Section 27 (co-operation between authorities) applies in relation to the exercise of functions of a local authority under this section as it applies in relation to the exercise of functions of a local authority under Part 3. (14G) (1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by any person to whom they may provide special guardianship support services about the discharge of their functions under section 14F in relation to him. (2) Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1). (3) In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection.

• (2) The 1989 Act is amended as follows.

• (3) In section 1 (welfare of the child), in subsection (4)(b), after “discharge” there is inserted “ a special guardianship order or ”.

• (4) In section 5 (appointment of guardians)—

• (a) in subsection (1)—

• (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

,

• (c) after paragraph (j) there is inserted—

(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

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,

• (c) “the register” means the Adoption and Children Act Register,

• (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 ”,

• (c) in subsection (8), the words following “section 50” are omitted.

• (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

• (c) which adds to, replaces or omits any part of the text of an Act,

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),

• (c) in the case of an adoption order—

• (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”,