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Adoption and Children Bill - continued        House of Commons
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  PART II
  AMENDMENTS OF THE CHILDREN ACT 1989
Parental responsibility of unmarried father.     91. - (1) Section 4 of the Children Act 1989 (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 responsibilty 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) 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 Secretary of State 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.     92. After section 4 of the 1989 Act there is inserted-
 
 
"Acquisition of parental responsibility by step-parent.     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."
 
Residence orders: extension to age of 18.     93. - (1) In section 12 of the Children Act 1989 (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 orders.     94. - (1) After section 14 of the 1989 Act there is inserted-
 
 

"Special guardianship orders
Special guardianship orders.     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 must be aged 18 or over.
 
      (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) 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).
      (5) 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.
      (6) No individual may make an application under subsection (3) or (5)(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 to the local authority in whose area he is ordinarily resident.
 
      (7) On receipt of such a notice, the local authority must 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.
      (8) The court may itself ask a local authority to prepare such a report, and the local authority must do so.
 
      (9) The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (7).
 
      (10) Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders.
 
Special guardianship orders: making.     14B. - (1) Before making a special guardianship order, the court must consider whether, if the order were made, a contact order should also be made with respect to the child.
 
      (2) On making a special guardianship order, the court may also give leave for the child to be known by a different surname.
 
Special guardianship orders: effect.     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 later order made 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 cause the child to be known by a new surname without-
 
 
    (a) the written consent of every person who has parental responsibility for the child; or
 
    (b) the leave of the court.
      (4) 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 each parent of the child with parental responsibility.
 
Special guardianship orders: variation and discharge.     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) the child himself; or
 
    (e) 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 child, and any parent of his, must obtain the leave of the court before making an application under subsection (1).
 
      (4) Section 10(8) applies in relation to an application for leave by the child under this section as it applies in relation to an application for leave by the child for a section 8 order.
 
      (5) The court may not grant leave to a parent of the child unless it is satisfied that there has been a significant change of circumstances since the making of the special guardianship order.
 
      (6) A parent of the child may not make an application under this section before the end of the period of one year beginning with the date on which the special guardianship order was made.
 
Special guardianship orders: supplementary.     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.
 
      (6) Section 41 applies in relation to proceedings referred to in subsection (1) as if they were specified proceedings for the purposes of that section."
 
      (2) The 1989 Act is amended as provided in the following subsections.
 
      (3) In section 5 (appointment of guardians)-
 
 
    (a) 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
 
    (b) in subsection (7), at the end of paragraph (b) there is inserted "or he was the child's only (or last surviving) special guardian".
      (4) 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", and
 
    (b) 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."
 
      (5) 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.", and
 
    (b) in subsection (2), for "subsection (1)(b)" there is substituted "subsection (1B)(b)".
      (6) 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", and
 
    (b) in subsection (3)(a), after "if" there is inserted "he is a person to whom section 24(1B) applies and".
      (7) 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".
 
      (8) In section 91 (effect and duration of orders), 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;
 
    (b) a section 8 order; or
 
    (c) an order under section 34,
       discharges that order."
 
      (9) In section 105 (interpretation), after the definition of "special educational needs" there is inserted-
 
 
    " "special guardian" and "special guardianship order" have the meaning given by section 14A;".
Section 8 orders: local authority foster parents.     95. 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.
 
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