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CHAPTER II |
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FINAL PROVISIONS |
| Orders, rules and regulations. |
102. - (1) Any power to make subordinate legislation conferred by this Act on the Lord Chancellor, the Secretary of State, the appropriate Minister or the Registrar General is exercisable by statutory instrument.
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(2) A statutory instrument containing subordinate legislation made under any provision of this Act (other than section 111) is to be subject to annulment in pursuance of a resolution of either House of Parliament.
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(3) But a statutory instrument containing subordinate legislation-
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(a) under section 77(9) or 106(4), or |
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(b) which adds to, replaces or omits any part of the text of an Act, |
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is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
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(4) Subordinate legislation made under this Act may make different provision for different purposes or areas.
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(5) The Registrar General may not make regulations under section 63 or paragraph 1 or 3 of Schedule 1 without the approval of the Chancellor of the Exchequer.
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(6) In this section, "subordinate legislation" does not include a direction or an order containing a direction.
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| Rules of procedure. |
103. - (1) The Lord Chancellor may make rules in respect of any matter to be prescribed by rules made by virtue of this Act and dealing generally with all matters of procedure.
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(2) Subsection (1) does not apply in relation to proceedings before magistrates' courts, but the power to make rules conferred by section 144 of the Magistrates' Courts Act 1980 includes power to make provision in respect of any of the matters mentioned in that subsection.
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(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-
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(a) of a date and place where the person will be heard on the application, and |
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(b) of the fact that, unless the person wishes or the court requires, the person need not attend. |
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(4) The persons referred to in subsection (3) are-
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(a) in the case of a placement order or an adoption order, every person who can be found whose consent to the making of the order- |
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(i) in the case of a placement order, is required under section 18 (or would be required but for subsection (7)(b) of that section), and
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(ii) in the case of an adoption order, is required under section 39(2)(a) (or would be required but for paragraph (c) of that subsection),
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or, if no such person can be found, any relative prescribed by rules who can be found, |
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(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 section 18 (or would have been required but for subsection (7)(b) of that section), |
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(c) in the case of an adoption order, every person who- |
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(i) has a right to be notified by virtue of section 21, or
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(ii) if leave were given under clause 39(4), would be entitled to oppose the making of the order, and
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(d) in the case of an adoption order in respect of a child who has attained the age of twelve years, the child. |
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(5) Rules made in respect of magistrates' courts may provide-
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(a) for enabling any fact tending to establish the identity of a child with a child to whom a document relates to be proved by affidavit, and |
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(b) for excluding or restricting in relation to any facts that may be so proved the power of a justice of the peace to compel the attendance of witnesses. |
| Supplementary and consequential provision. |
104. - (1) The appropriate Minister may by order make-
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(a) any supplementary, incidental or consequential provision, |
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(b) any transitory, transitional or saving provision, |
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which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.
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(2) Subsection (3) applies to any power of the Secretary of State, the Lord Chancellor, the Assembly or the appropriate Minister to make regulations, rules or an order by virtue of any other provision of this Act.
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(3) The power may be exercised so as to make-
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(a) any supplementary, incidental or consequential provision, |
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(b) any transitory, transitional or saving provision, |
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which the person exercising the power considers necessary or expedient.
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(4) The provision which may be made under subsection (1) or (3) includes provision modifying Schedule 3 or amending or repealing any enactment or instrument.
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| Offences by bodies corporate and unincorporated bodies. |
105. - (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.
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(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 to a director of a body corporate.
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(3) Where an offence under this Act committed by an unincorporated body 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.
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| "Making arrangements for the adoption of a child". |
106. - (1) References in this Part to making arrangements for the adoption of a child are references to any one or more of the following acts-
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(a) asking a person to supply a child for adoption or offering to find a child for adoption, |
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(b) assessing or determining (in either case, for the purpose of assisting the court or a person to come to a decision about the placement of a child or which otherwise relates to the adoption of a child) whether- |
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(i) a child is suitable for adoption,
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(ii) a person is suitable to adopt a child,
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(c) placing a child for adoption with prospective adopters, |
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(d) entering into an agreement for, or to facilitate, the adoption of a child, |
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(e) initiating or taking part in negotiations of which the purpose or effect is the conclusion of such an agreement as is mentioned in paragraph (d), |
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(f) doing anything as a prerequisite or consequence of any of the acts mentioned in paragraphs (a) to (e), |
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(g) causing another person to do any of the acts mentioned in paragraphs (a) to (f). |
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(2) But references in this Part to making arrangements for the adoption of a child do not include making arrangements for the provision of, or providing, adoption support services within the meaning of section 3.
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(3) In subsection (1)-
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(a) "agreement" includes an arrangement (whether or not enforceable), |
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(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. |
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(4) The Secretary of State may, after consultation with the Assembly, by order amend subsections (1) to (3).
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| General interpretation, etc. |
107. - (1) In this Act-
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"appropriate Minister" means- |
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(a) in relation to England, Scotland or Northern Ireland, the Secretary of State,
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(b) in relation to Wales, the Assembly,
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and in relation to England and Wales means the Secretary of State and the Assembly acting jointly, |
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"the Assembly" means the National Assembly for Wales, |
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"body" includes an unincorporated body, |
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"by virtue of" includes "by" and "under", |
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"child", except where used to express a relationship, means a person who has not attained the age of 18 years, |
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"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, |
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"Convention adoption order" means an adoption order which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations giving effect to the Convention), is made as a Convention adoption order, |
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"Convention country" means a country or territory in which the Convention is in force, |
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"court" means, subject to any provision made by virtue of Part I of Schedule 11 to the 1989 Act, the High Court, a county court or a magistrates' court, |
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"guardian" has the same meaning as in the 1989 Act and includes a special guardian within the meaning of that Act, |
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"local authority" means any unitary authority or any county council so far as they are not a unitary authority, |
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"Northern Irish adoption agency" means an adoption agency within the meaning of Article 3 of the Adoption (Northern Ireland) Order 1987, |
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"Northern Irish adoption order" means an order made, or having effect as if made, under Article 12 of the Adoption (Northern Ireland) Order 1987, |
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"notice" means a notice in writing, |
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"prescribed" (except in relation to matters to be prescribed by regulations or an order) means prescribed by rules, |
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"registers of live-births" means the records and registers to which section 33(2) of the Births and Deaths Registration Act 1953 for the time being applies, |
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"registration authority" has the same meaning as in the Care Standards Act 2000, |
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"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, |
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"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, |
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"rules" means rules made under section 103(1) or made by virtue of section 103(2) under section 144 of the Magistrates' Courts Act 1980, |
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"Scottish adoption agency" means an adoption agency within the meaning of section 1 of the Adoption (Scotland) Act 1978, |
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"Scottish adoption order" means an order made, or having effect as if made, under section 12 of the Adoption (Scotland) Act 1978, |
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"subordinate legislation" has the same meaning as in the Interpretation Act 1978, |
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"unitary authority" means- |
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(a) the council of any county so far as they are the council for an area for which there are no district councils,
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(b) the council of any district comprised in an area for which there is no county council,
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(c) the council of a county borough,
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(d) the council of a London borough,
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(e) the Common Council of the City of London.
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(2) In determining for the purposes of this Act with what person, or where, a child's home is or a child is placed, any absence of the child at a hospital or boarding school and any other temporary absence is to be disregarded.
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| Devolution: Wales. |
108. The reference to the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by virtue of this Act.
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This section does not affect the power to make further Orders varying or omitting that reference.
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| Expenses. |
109. There shall be paid out of money provided by Parliament-
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(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, |
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(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment. |
