| Amendments proposed to the Adoption and Children Bill, As Amended - continued | House of Commons |
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Adoption at birth or within three months thereafter
Dr Liam Fox NC5 To move the following Clause:—'(1) Where an adoption agency is satisfied that each parent or guardian of a child has consented to the child being placed for adoption at birth, the adoption agency must place that child as soon as is practicable with the prospective adopters, with due regard to the birth-parents' rights to alter arrangements within time limits which shall be specified by regulations. (2) Subject to subsection (3), where a local authority is satisfied that the parent's or guardian's consent should be dispensed with, it may place the child with the prospective adopters without first obtaining a placement order, but it shall have a duty to apply for a placement order as soon as is practicable thereafter. (3) Subjection (2) shall only apply to children under the age of three months.'.
Suitability of adoptors
Mr David Hinchliffe NC13 To move the following Clause:—'(1) Regulations under section 9 may make provision as to the matters to be taken into account by an adoption agency in determining, or making any report in respect of, the suitability of any persons to adopt a child. (2) In particular, the regulations may make provision for the purpose of securing that, in determining the suitability of a couple to adopt a child, proper regard is had to the need for stability and permanence in their relationship'.
Mr Secretary Milburn 30 Page 50, line 5 [Clause 90], leave out subsections (2) and (3) and insert—'(2) A person is not guilty of an offence under subsection (1) of taking the step mentioned in paragraph (f) of section 89(2) unless it is proved that he knew or had reason to suspect that the child was handed over to him in contravention of paragraph (e) of that subsection . (3) A person is not guilty of an offence under subsection (1) of causing a person to take any of the steps mentioned in paragraphs (a) to (h) of section 89(2) unless it is proved that he knew or had reason to suspect that the step taken would contravene the paragraph in question. ( ) But subsections (2) and (3) only apply if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned'.
Mr Secretary Milburn 31 Page 50, line 33 [Clause 91], leave out subsection (4) and insert—'( ) A person is not guilty of an offence under subsection (2)(b) unless it is proved that he knew or had reason to suspect that the report would be, or had been, prepared in contravention of 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 233 Page 52, line 6 [Clause 95], leave out subsection (2).
Mr Secretary Milburn 62 Page 52, [Clause 97], leave out lines 17 and 18 and insert 'in the High Court or a County Court may be heard and determined in private'.
Mr Secretary Milburn 63 Page 52, line 18 [Clause 97], at end insert—'( ) In section 12 of the Administration of Justice Act 1960 (publication of information relating to proceedings in private), in subsection (1)(a)(ii), after "1989" there is inserted "or the Adoption and Children Act 2002". ( ) In section 97 of the 1989 Act (privacy for children involved in certain proceedings), after "this Act" in subsections (1) and (2) there is inserted "or the Adoption and Children Act 2002"'.
Mr Secretary Milburn 135 Page 52, line 21 [Clause 98], leave out from 'of' to 'rules' and insert—
Mr Secretary Milburn 136 Page 52, line 23 [Clause 98], at end insert—'(1A) The rules may provide for the appointment of such an officer in other circumstances in which it appears to the Lord Chancellor to be necessary or expedient to do so. (1B) The rules may provide for the officer—'
Mr Secretary Milburn 137 Page 52, line 24 [Clause 98], leave out third 'the' and insert 'any relevant'.
Mr Secretary Milburn 138 Page 52, line 26 [Clause 98], at end insert—
Mr Secretary Milburn 139 Page 52, line 28 [Clause 98], leave out 'other prescribed duties' and insert 'prescribed functions.(1C) A report prepared in pursuance of the rules on matters relating to the welfare of a child must—
Mr Secretary Milburn 140 Page 52, line 32 [Clause 98], leave out 'or'.
Mr Secretary Milburn 256 Page 52, line 35 [Clause 98], at end insert 'or
Mr Secretary Milburn 142 Page 52, line 36 [Clause 98], leave out from '(1)' to end of line 38 and insert 'or (1A)'.
Mr Secretary Milburn 143 Page 52, line 40 [Clause 98], at end insert—
Dr Liam Fox 2 Page 53, line 3 [Clause 98], at end insert—'(5) The Service shall lay an annual report before Parliament dealing with its performance, staffing and all matters relating to the exercise of the functions bestowed upon it by this Act.'.
Mr Secretary Milburn 32 Page 65, line 41 [Clause 115], leave out subsection (2) and insert—'( ) A person is not guilty of an offence under this section (other than one of distributing an advertisement or information, or causing it to be distributed, by electronic means) unless it is proved that he knew or had reason to suspect that section 114 applied to the advertisement or information. 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 144 Page 66, line 1 [Clause 115], at beginning insert 'Subsections (3A) and (3B) apply'.
Mr Secretary Milburn 145 Page 66, line 2 [Clause 115], leave out from 'means' to end of line 7 and insert—'(3A) A person is not guilty of the offence unless it is proved that he knew that what was distributed was an advertisement or information to which this section applies; but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge mentioned. (3B) A person is not guilty of the offence unless it is proved that it was reasonably practicable for him to prevent the distribution; but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether it was reasonably practicable for the person to do so'.
NEW CLAUSES RELATING TO PART 2Accommodation of children in need etc.
Mr Secretary Milburn NC7 To move the following Clause:—'(1) In section 17 of the 1989 Act (provision of services for children in need, their families and others), in subsection (6) (services that may be provided in exercise of the functions under that section) after "include" there is inserted "providing accommodation and ". (2) In section 22 of that Act (general duty of local authority in relation to children looked after by them), in subsection (1) (looked after children include those provided with accommodation, with exceptions) before "23B" there is inserted "17". (3) In section 24A of that Act (advice and assistance for certain children and young persons aged 16 or over), in subsection (5), for "or, in exceptional circumstances, cash" there is substituted "and, in exceptional circumstances, assistance may be given—
Review of cases of looked after children
Mr Secretary Milburn NC15 To move the following Clause:—'(1) In section 26 of the 1989 Act (review of cases of looked after children, etc.), in subsection (2) (regulations as to reviews)—
(2C) In relation to children whose cases are referred to officers under subsection (2A)(c), the Lord Chancellor may by regulations—
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