 | |
|
SCHEDULE 2
|
| |
MINOR AND CONSEQUENTIAL AMENDMENTS |
| |
The Births and Deaths Registration Act 1953 (c. 20) |
| | 1. In sections 10(1) and 10A(1) of the Births and Deaths Registration Act 1953 (registration of father, and re-registration, where parents not married)-
|
| |
(a) in paragraph (d)(i), for "a parental responsibility agreement made between them in relation to the child" there is substituted "any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child"; and |
| |
(b) in paragraph (d)(ii), for "the Children Act 1989" there is substituted "that Act". |
| | 2. In section 10 of that Act, in subsection (3) the words following "the Family Law Reform Act 1987" are omitted.
|
| |
The Health Services and Public Health Act 1968 (c. 46) |
| | 3. The Health Services and Public Health Act 1968 is amended as follows.
|
| | 4. In section 64 (financial assistance by the Secretary of State to certain voluntary organisations), in subsection (3)(a)(xviii), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2001".
|
| | 5. In section 65 (financial and other assistance by local authorities to certain voluntary organisations), in subsection (3)(b)(xix), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2001".
|
| |
The Local Authority Social Services Act 1970 (c. 42) |
| | 6. The Local Authority Social Services Act 1970 is amended as follows.
|
| | 7. In section 7D (default powers of Secretary of State as respects social services functions of local authorities), in subsection (1), after "the Children Act 1989" there is inserted "or the Adoption and Children Act 2001".
|
| | 8. In Schedule 1 (enactments conferring functions assigned to social services committee), the entry relating to the Adoption Act 1976 is omitted and at the end of the Schedule there is added the following entry-
|
| |
"Adoption and Children Act 2001 |
Maintenance of Adoption Service; functions of local authority as adoption agency." |
|
| |
The Immigration Act 1971 (c. 77) |
| | 9. In section 33(1) of the Immigration Act 1971 (interpretation)-
|
| |
(a) in the definition of "Convention adoption", for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2001", and |
| |
(b) in the definition of "legally adopted", for "section 72(2) of the Adoption Act 1976" there is substituted "section 69 of the Adoption and Children Act 2001". |
| |
The Legitimacy Act 1976 (c. 31) |
| | 10. The Legitimacy Act 1976 is amended as follows.
|
| | 11. In section 4 (legitimation of adopted child)-
|
| |
(a) in subsection (1), for "Section 39 of the Adoption Act 1976" there is substituted "Section 51 of the Adoption and Children Act 2001", and |
| |
|
| |
(i) in paragraph (a), for "subsection (2) of the said section 39" there is substituted "subsection (2)(b) of the said section 51", and
|
| |
(ii) in paragraph (b), for "section 39, 41 or 42 of the Adoption Act 1976" there is substituted "section 51, 52 or 53 of the Adoption and Children Act 2001".
|
| | 12. In section 6 (dispositions depending on date of birth), in subsection (2), for "section 42(2) of the Adoption Act 1976" there is substituted "section 53(2) of the Adoption and Children Act 2001".
|
| |
The Magistrates' Courts Act 1980 (c. 43) |
| | 13. The Magistrates' Courts Act 1980 is amended as follows.
|
| | 14. In section 65 (meaning of family proceedings), in subsection (1), for paragraph (h) there is substituted-
|
| |
 |
"(h) the Adoption and Children Act 2001;". |
|
| | 15. In section 69 (sitting of magistrates' courts for family proceedings), in subsections (2) and (3), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2001".
|
| | 16. In section 71 (newspaper reports of family proceedings), in subsections (1) and (2), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2001".
|
| | 17. In Part I of Schedule 6 (fees to be taken by justices' chief executives), in the entry relating to family proceedings-
|
| |
(a) for "the Adoption Act 1976, except under section 21 of that Act", there is substituted "the Adoption and Children Act 2001, except under section 19 of that Act", and |
| |
(b) in paragraph (c), for "section 21 of the Adoption Act 1976" there is substituted "section 19 of the Adoption and Children Act 2001". |
| |
The British Nationality Act 1981 (c. 61) |
| | 18. In section 1 of the British Nationality Act 1981 (acquisition of British citizenship by birth or adoption), in subsection (8), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2001".
|
| |
The Insurance Companies Act 1982 (c. 50) |
| | 19. In section 31 of the Insurance Companies Act 1982 (restrictions on transactions with connected persons), in subsection (7), in the definitions of "son" and "daughter", for "section 39(6) of the Adoption Act 1976" there is substituted "section 51(5) of the Adoption and Children Act 2001".
|
| |
The Child Abduction Act 1984 (c. 37) |
| | 20. The Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases) is amended as follows.
|
| | 21. In paragraph 3 (adoption and custodianship), for sub-paragraphs (1) and (2) there is substituted-
|
| |
|
"(1) This paragraph applies where-
|
| |
(a) a child is placed for adoption by an adoption agency under section 16 of the Adoption and Children Act 2001, or an adoption agency is authorised to place the child for adoption under that section; or |
| |
(b) a placement order is in force in respect of the child; or |
| |
(c) an application for such an order has been made in respect of the child and has not been disposed of; or |
| |
(d) an application for an adoption order has been made in respect of the child and has not been disposed of; or |
| |
(e) an order under section 71 of the Adoption and Children Act 2001 (transfer of parental responsibility prior to adoption abroad) has been made in respect of the child, or an application for such an order in respect of him has been made and has not been disposed of. |
| |
(2) Where this paragraph applies, section 1 of this Act shall have effect as if-
|
| |
(a) the reference in subsection (1) to the appropriate consent were- |
| |
(i) in a case within sub-paragraph (1)(a) above, a reference to the consent of each person who has parental responsibility for the child or to the leave of the High Court;
|
| |
(ii) in a case within sub-paragraph (1)(b) above, a reference to the leave of the court which made the placement order;
|
| |
(iii) in a case within sub-paragraph (1)(c) or (d) above, a reference to the leave of the court to which the application was made;
|
| |
(iv) in a case within sub-paragraph (1)(e) above, a reference to the leave of the court which made the order or, as the case may be, to which the application was made; and
|
| |
(b) subsection (3) were omitted; |
| |
(c) in subsection (4), in paragraph (a), for the words from "in whose favour" to the end there were substituted "who provides the child's home in a case falling within sub-paragraph (1)(a) or (b) of paragraph 3 of the Schedule to this Act"; and |
| |
(d) subsections (4A), (5), (5A) and (6) were omitted." |
|
| | 22. In paragraph 5 (interpretation), in sub-paragraph (a), for the words from "and `adoption order'" to the end there is substituted ", `adoption order', `placed for adoption by an adoption agency' and `placement order' have the same meaning as in the Adoption and Children Act 2001".
|
| |
The Matrimonial and Family Proceedings Act 1984 (c. 42) |
| | 23. In section 40 of the Matrimonial and Family Proceedings Act 1984 (family proceedings rules), in subsection (2), in paragraph (a), after "the Adoption Act 1968" the "or" is omitted and after "the Adoption Act 1976" there is inserted "or section 103(1) of the Adoption and Children Act 2001".
|
| |
The Child Abduction and Custody Act 1985 (c. 60) |
| | 24. In Schedule 3 to the Child Abduction and Custody Act 1985 (custody orders), in paragraph 1(c), paragraph (v) is omitted.
|
| |
The Family Law Act 1986 (c. 55) |
| | 25. In section 57 of the Family Law Act 1986 (declarations as to adoptions effected overseas)-
|
| |
(a) in subsection (1)(a), for the words from "subsection (1)" to the end there is substituted "section 50 of the Adoption and Children Act 2001 or an overseas adoption as defined by section 69 of that Act, or", and |
| |
(b) in subsection (2)(a), for "section 39 of the Adoption Act 1976" there is substituted "section 51 of the Adoption and Children Act 2001". |
| |
The Family Law Reform Act 1987 (c. 42) |
| | 26. The Family Law Reform Act 1987 is amended as follows.
|
| | 27. In section 1 (general principle), in subsection (3)(c), for "Part IV of the Adoption Act 1976" there is substituted "Chapter IV of Part I of the Adoption and Children Act 2001".
|
| | 28. In section 19 (dispositions of property), in subsection (5), for "section 42 of the Adoption Act 1976" there is substituted "section 53 of the Adoption and Children Act 2001".
|
| |
The Children Act 1989 (c. 41) |
| | 29. The Children Act 1989 is amended as follows.
|
| | 30. In section 8 (residence, contact and other orders with respect to children), in subsection (4), for paragraph (d) there is substituted-
|
| |
|
"(d) the Adoption and Children Act 2001;". |
|
| | 31. In section 12 (residence orders and parental responsibility), in subsection (3), paragraphs (a) and (b) are omitted.
|
| | 32. In section 33 (effect of care order), in subsection (6)(b), sub-paragraphs (i) and (ii), and the word "or" immediately preceding sub-paragraph (iii), are omitted.
|
| | 33. In section 80 (inspection of children's homes by persons authorised by Secretary of State), in subsection (1), paragraphs (e) and (f) are omitted.
|
| | 34. In section 81 (inquiries), in subsection (1), paragraph (b) is omitted.
|
| | 35. In section 88 (amendments of adoption legislation), subsection (1) is omitted.
|
| | 36. In section 91 (effect and duration of orders, etc.)-
|
| |
(a) in subsection (7), after "4(1)" there is inserted "4A(1)", and |
| |
(b) in subsection (8)(a), after "4" there is inserted "or 4A". |
| | 37. In section 102 (power of constable to assist in exercise of certain powers to search for children or inspect premises), in subsection (6), paragraph (c) is omitted.
|
| | 38. In section 105 (interpretation), in subsection (1)-
|
| |
(a) in the definition of "adoption agency", for "section 1 of the Adoption Act 1976" there is substituted "section 2 of the Adoption and Children Act 2001", |
| |
(b) in the definition of "parental responsibility agreement", for "section 4(1)" there is substituted "section 4(1) and 4A(2)", and |
| |
(c) the definition of "protected child" is omitted. |
| | 39. In Schedule 2, in paragraph 19 (arrangements by local authorities to assist children to live abroad), in sub-paragraph (6), for "Section 56 of the Adoption Act 1976" there is substituted "Section 72 of the Adoption and Children Act 2001".
|
| | 40. In Schedule 8 (privately fostered children), in paragraph 5, for sub-paragraphs (a) and (b) there is substituted"he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of-
|
| |
|
(a) section 2 of the Adoption and Children Act 2001; |
| |
(b) section 1 of the Adoption (Scotland) Act 1978; or |
| |
(c) Article 3 of the Adoption (Northern Ireland) Order 1987". |
|
| | 41. Part I of Schedule 10 is omitted.
|
| | 42. In Schedule 11 (jurisdiction), in paragraphs 1 and 2, for the words "the Adoption Act 1976", wherever they occur, there is substituted "the Adoption and Children Act 2001".
|
| |
The Human Fertilisation and Embryology Act 1990 (c. 37) |
| | 43. The Human Fertilisation and Embryology Act 1990 is amended as follows.
|
| | 44. In section 27 (meaning of mother), at the end of subsection (2) there is added "or the adopter and the person to whom the adopter is married".
|
| | 45. In section 28 (meaning of father), at the end of subsection (5)(c) there is added "or the adopter and the person to whom the adopter is married".
|
| | 46. In section 30 (parental orders in favour of gamete donors), in subsection (10) for "Adoption Act 1976" there is substituted "Adoption and Children Act 2001".
|
| |
The Courts and Legal Services Act 1990 (c. 41) |
| | 47. In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: supplementary), in subsection (2), for paragraph (b) there is substituted-
|
| |
|
"(b) the Adoption and Children Act 2001;". |
|
| |
The Child Support Act 1991 (c. 48) |
| | 48. In section 26 of the Child Support Act 1991 (disputes about parentage), in subsection (3), for "Part IV of the Adoption Act 1976" there is substituted "Chapter IV of Part I of the Adoption and Children Act 2001".
|
| |
The Children (Scotland) Act 1995 (c. 36) |
| | 49. Section 86 of the Children (Scotland) Act 1995 (parental responsibilities order: general) is amended as follows.
|
| | 50. In subsection (3), in paragraph (a), for "section 18 (freeing for adoption) or 55 (adoption abroad) of the Adoption Act 1976" there is substituted "section 16 (placing children with parental consent) or 71 (transfer of parental responsibility prior to adoption abroad) of the Adoption and Children Act 2001".
|
| | 51. In subsection (6), in paragraph (b), for the words from the beginning to "Adoption Act 1976" there is substituted-
|
| |
|
"(b) he becomes the subject of an adoption order within the meaning of the Adoption (Scotland) Act 1978; |
| |
(bb) an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2001, has power to place him for adoption under section 16 of that Act (placing children with parental consent) or he becomes the subject of an order under section 17 of that Act (placement orders) or under section 71 of that Act (transfer of parental responsibility prior to adoption abroad)". |
|
| |
The Family Law Act 1996 (c. 27) |
| | 52. The Family Law Act 1996 is amended as follows.
|
| | 53. In section 62 (meaning of "relevant child" etc)-
|
| |
(a) in subsection (2), in paragraph (b), after "the Adoption Act 1976" there is inserted ", the Adoption and Children Act 2001", |
| |
(b) in subsection (5), for the words from "has been freed" to "1976" there is substituted "falls within subsection (7)". |
| | 54. At the end of that section there is inserted-
|
| |
|
"(7) A child falls within this subsection if-
|
| |
(a) an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2001, has power to place him for adoption under section 16 of that Act (placing children with parental consent) or he has become the subject of an order under section 17 of that Act (placement orders), or |
| |
(b) he is freed for adoption by virtue of an order made- |
| |
(i) in England and Wales, under section 18 of the Adoption Act 1976,
|
| |
(ii) in Scotland, under section 18 of the Adoption (Scotland) Act 1978, or
|
| |
(iii) in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987."
|
|
| | 55. In section 63 (interpretation of Part IV)-
|
| |
(a) in subsection (1), for the definition of "adoption order", there is substituted- |
| |
|
""adoption order" means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 38(1) of the Adoption and Children Act 2001;", and |
|
| |
(b) in subsection (2), after paragraph (h) there is inserted- |
| |
|
"(i) the Adoption and Children Act 2001." |
|
| |
The Housing Act 1996 (c. 52) |
| | 56. Section 178 of the Housing Act 1996 (meaning of associated person) is amended as follows.
|
| | 57. In subsection (2), for the words from "has been freed" to "1976" there is substituted "falls within subsection (2A)".
|
| | 58. After that subsection there is inserted-
|
| |
|
"(2A) A child falls within this subsection if-
|
| |
(a) an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2001, has power to place him for adoption under section 16 of that Act (placing children with parental consent) or he has become the subject of an order under section 17 of that Act (placement orders), or |
| |
(b) he is freed for adoption by virtue of an order made- |
| |
(i) in England and Wales, under section 18 of the Adoption Act 1976,
|
| |
(ii) in Scotland, under section 18 of the Adoption (Scotland) Act 1978, or
|
| |
(iii) in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987."
|
|
| | 59. In subsection (3), for the definition of "adoption order", there is substituted-
|
| |
|
""adoption order" means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 38(1) of the Adoption and Children Act 2001;". |
|
| |
The Police Act 1997 (c. 50) |
| | 60. In section 115 of the Police Act 1997 (enhanced criminal records), in subsection (5)(h), for "section 11 of the Adoption Act 1976" there is substituted "section 2 of the Adoption and Children Act 2001".
|
| |
The Adoption (Intercountry Aspects) Act 1999 (c. 18) |
| | 61. - (1) The following provisions of the Adoption (Intercountry Aspects) Act 1999 cease to have effect in relation to England and Wales: sections 3, 6, 8, 9, 11 to 14, 16(1) and 17.
|
| |
(2) Section 2 of that Act (accredited bodies) is amended as follows.
|
| |
(3) In subsection (2A)-
|
| |
(a) for the words from the beginning to "2000" there is substituted "A registered adoption society", and |
| |
(b) for "agency" there is substituted "society", |
| |
(4) For subsection (5) there is substituted-
|
| |
|
"(5) In this section, "registered adoption society" has the same meaning as in section 2 of the Adoption and Children Act 2001 (basic definitions); and expressions used in this section in its application to England and Wales which are also used in that Act have the same meanings as in that Act."
|
|
| |
(5) In subsection (6)-
|
| |
(a) the words "in its application to Scotland" are omitted, and |
| |
(b) after "expressions" there is inserted "used in this section in its application to Scotland". |
| |
(6) Section 4 (effect of Convention adoptions in England and Wales) is omitted.
|
| |
(7) Section 10 (approval of adoption societies) is omitted.
|
| |
The Access to Justice Act 1999 (c. 22) |
| | 62. In Schedule 2 to the Access to Justice Act 1999 (Community Legal Service: excluded services), in paragraph 2(3)(c)-
|
| |
(a) for "section 27 or 28 of the Adoption Act 1976" there is substituted "section 32 of the Adoption and Children Act 2001", and |
| |
(b) for "an order under Part II or section 29 or 55" there is substituted "a placement order or adoption order (within the meaning of the Adoption and Children Act 2001) or an order under section 33 or 71". |
| |
The Care Standards Act 2000 (c. 14) |
| | 63. The Care Standards Act 2000 is amended as follows.
|
| | 64. In section 4 (basic definitions), in subsection (7), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2001".
|
| | 65. In the following provisions-
|
| |
(a) section 14 (cancellation of registration), in subsection (2)(d), and |
| |
(b) section 31 (inspections by authorised persons), in subsection (3)(b), |
| |
for "section 9(2) of the Adoption Act 1976" there is substituted "section 8 of the Adoption and Children Act 2001".
|
| | 66. In section 43 (introductory), in subsection (3)(a), for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2001".
|
| | 67. In section 46 (inspections: supplementary), in subsection (7)(c), for "section 9(3) of the Adoption Act 1976" there is substituted "section 8 of the Adoption and Children Act 2001".
|
| | 68. In section 121 (general interpretation), in subsection (1), in the definition of "voluntary organisation", for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2001".
|
| | 69. In Schedule 4 (minor and consequential amendments), paragraph 27(b) is omitted.
|
