Children and Families Bill (HL Bill 32)

(4) In subsection (2) for “an Order under this section” substitute “regulations”.

(5) 20In subsection (4) for “An Order under this section” substitute “Regulations”.

3 (1) Section 126 (use of an organisation to establish the register) is amended as
follows.

(2) In subsection (1) omit “under an Order under section 125”.

(3) In subsection (3) omit “(or general application in any part of Great Britain)”.

(4) 25Omit subsection (4).

4 (1) Section 127 (use of an organisation as agency for payments) is amended as
follows.

(2) In subsection (1) for “An Order under section 125” substitute “Regulations”.

(3) In subsection (2) omit “(or general application in any part of Great Britain)”.

(4) 30Omit subsection (3).

5 (1) Section 128 (supply of information for the register) is amended as follows.

(2) In subsection (1) for “An Order under section 125” substitute “Regulations”.

(3) In subsection (2) for “the Order” substitute “regulations”.

(4) In subsection (3) for “An Order under section 125” substitute “Regulations”.

6 (1) Section 129 (disclosure of information) is amended as follows.

(2) In subsection (1) for “or (3)” substitute “, (2A) or (3) or section 128A”.

(3) After subsection (2) insert—

“(2A) 5Regulations 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) 10for 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.”

(4) 15In subsection (4)—

(a) for “An Order under section 125” substitute “Regulations”, and

(b) after “(2)” insert “or (2A)”.

(5) In subsection (5) omit paragraph (b) (and the “or” which precedes it).

(6) In subsection (6) after “(2)” insert “, (2A)”.

(7) 20In subsection (7)—

(a) for “An Order under section 125” substitute “Regulations”,

(b) in paragraph (a) after “(2)” insert “or (2A)”,

(c) after paragraph (a) (and before the “or” which follows it) insert—

“(aa) by a prescribed Welsh, Scottish or Northern Irish
25adoption agency in respect of information disclosed
under subsection (2A),”, and

(d) in paragraph (b) for “to whom information is disclosed under
subsection (3)” substitute “in respect of information disclosed under
subsection (2A) or (3)”.

7 30Section 130 (territorial application) is repealed.

8 (1) Section 131 (supplementary) is amended as follows.

(2) In subsection (1)—

(a) before paragraph (a) insert—

“(za) adoption agency” means—

(i) 35a local authority in England,

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

(b) in paragraph (b) for “an Order under section 125” substitute
“regulations”,

(c) 40after paragraph (c) insert—

“(ca) Welsh adoption agency” means—

(i) a local authority in Wales,

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

(d) 45omit paragraphs (d) and (e).

(3) In subsection (2) after “sections” insert “(except sections 125(1A) and
129(2A))”.

(4) After subsection (2) insert—

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

(a) 5a 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
10they are suitable to have a child placed with them for
adoption.”

(5) Omit subsections (4) to (7).

9 In section 142 (supplementary and consequential provision), in subsection
(4) omit the words from “or of Her Majesty” to the end.

10 15In section 144 (general interpretation etc), in subsection (2)—

(a) omit “Order in Council or”, and

(b) in paragraph (b) omit “Order or, as the case may be,”.

11 (1) Sections 125 to 131 cease to have effect in relation to Scotland.

(2) Accordingly, in section 149 (extent), in subsection (4) omit paragraph (b).

Section 12

20SCHEDULE 2 Child arrangements orders: amendments

Part 1 Amendments of the Children Act 1989

1 The Children Act 1989 is amended as follows.

2 (1) 25Section 5 (appointment of guardians) is amended as follows.

(2) In subsection (1)(b) (application to court for appointment of guardian may
be made following death of person with whom child was to live) for
“residence order has been made with respect to the child in favour of a
parent, guardian or special guardian of his who” substitute “parent,
30guardian or special guardian of the child’s was named in a child
arrangements order as a person with whom the child was to live and”.

(3) In subsection (7)(b) (when non-court appointment of guardian under
subsection (3) or (4) takes effect) for “residence order in his favour was in
force with respect to the child or he” substitute “child arrangements order
35was in force in which the person was named as a person with whom the
child was to live or the person”.

(4) In subsection (9)—

(a) for “residence” substitute “child arrangements”,

(b) for “was also made in favour of” substitute “also named”, and

(c) 40after “child” insert “as a person with whom the child was to live”.