Vote Bundle Text (920318-02)

Amendments proposed to the Adoption and Children Bill, As Amended - continued	House of Commons

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Mr Secretary Milburn

Page 67, line 35 [Clause 119], leave out from 'disclosed' to 'or' in line 42 and insert 'under subsection (2) or (3).

(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, 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.

(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.

(3A) An Order under section 116 may prescribe the steps to be taken by adoption agencies in respect of information received by them by virtue of subsection (2).

(3B) Subsection (1) does not apply —

(a)	to a disclosure of information with the authority of the Secretary of State, or

(b)	to a disclosure by the registration authority of prescribed information to the Scottish Ministers (if the register applies to Scotland) or the Assembly (if the register applies to Wales).

(3C) Information disclosed to any person under subsection (2)'.

Mr Secretary Milburn

Page 68, line 1 [Clause 119], leave out 'Regulations' and insert 'An Order under section 116'.

Mr Secretary Milburn

Page 68, line 1 [Clause 119], leave out from 'a' to first 'to' in line 2 and insert 'prescribed fee'.

Mr Secretary Milburn

Page 68, line 5 [Clause 119], leave out 'section 116(2)' and insert 'subsection (2)'.

Mr Secretary Milburn

Page 68, line 6 [Clause 119], leave out 'section 116(3)' and insert 'subsection (3)'.

Mr Secretary Milburn

Page 68, line 13 [Clause 120], leave out from 'In' to end of line and insert 'this group of sections—

( )	"organisation" includes a public body and a private or voluntary organisation'.

Mr Secretary Milburn

Page 68, line 14 [Clause 120], leave out 'regulations' and insert 'an Order under section 116'.

Mr Secretary Milburn

Page 68, line 16 [Clause 120], leave out paragraph (c) and insert—

'(c)	"Scottish local authority" means a local authority within the meaning of the Regulation of Care (Scotland) Act 2001,

(d)	"voluntary organisation providing a registered adoption service" has the same meaning as in section 131(2A).'.

Mr Secretary Milburn

Page 68, line 18 [Clause 120], leave out 'sections 116 to 119' and insert 'this group of sections'.

Mr Secretary Milburn

Page 68, line 24 [Clause 120], leave out 'sections 116 to 119' and insert 'this group of sections'.

Mr Secretary Milburn

Page 68, line 26 [Clause 120], leave out subsection (4) and insert—

'(4) No recommendation to make an Order under section 116 is to be made to Her Majesty in Council unless a draft has been laid before and approved by resolution of each House of Parliament.

(5) If any provision made by an Order under section 116 would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, no recommendation to make the Order is to be made to Her Majesty in Council unless a draft has been laid before, and approved by resolution of, the Parliament.

(6) No recommendation to make an Order under section 116 containing any provision in respect of the register is to be made to Her Majesty in Council if the register applies to Wales or the Order would provide for the register to apply to Wales, unless a draft has been laid before, and approved by resolution of, the Assembly.

(7) No recommendation to make an Order under section 116 containing any provision by virtue of section [Use of an organisation as agency for payments] is to be made to Her Majesty in Council if any payment agency provision applies to Wales or the Order would provide for any payment agency provision to apply to Wales, unless a draft has been laid before, and approved by resolution of, the Assembly'.

Mr Secretary Milburn

Page 70, line 41 [Clause 124], at end insert—

'(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." '

Mr Secretary Milburn

Page 44, line 21 [Clause 81], after 'are' insert 'natural'.

Mr Secretary Milburn

Page 44, line 22 [Clause 81], at beginning insert 'natural'.

Mr Secretary Milburn

Page 44, line 42 [Clause 81], at end insert—

'(b)	if notice of intention to adopt has been given, impose functions in respect of the child on the local authority to which the notice was given'.

Mr Secretary Milburn

Page 46, line 21 [Clause 83], leave out subsection (5) and insert—

'() A person is not guilty of an offence under subsection (4) of causing a person to take any step mentioned in paragraph (a) or (b) of subsection (3) unless it is proved that he knew or had reason to suspect that the step taken would contravene subsection (1).

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'.

Mr Secretary Milburn

Page 48, line 28 [Clause 88], leave out 'colony' and insert 'British overseas territory'.

Mr Secretary Milburn

Page 69, line 6 [Clause 121], leave out 'parents,' and insert 'natural parents (whether or not they have parental responsibilities or parental rights in relation to the child), natural'.

Mr Secretary Milburn

Page 69, line 24 [Clause 121], at end insert—

'() In relation to a child brought into the United Kingdom for adoption in circumstances where this section applies, regulations may provide for any provision of Part II of this Act to apply with modifications or not to apply.'

Mr Secretary Milburn

Page 71, line 6 [Clause 125], leave out subsection (3) and insert—

'( ) The British Nationality Act 1981 is amended as follows.

( ) 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.

( ) 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".

( ) 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)".

( ) 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".'.