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Mr Secretary Milburn
280
Page 71, line 14 [Clause 126], after 'transitional' insert 'and transitory'.
Mr Secretary Milburn
295
Page 82, [Schedule 3], leave out lines 15 to 43 and insert—
| | '2 | In subsection (1) for "person or persons specified in subsection (1A) of this section" there is substituted "appropriate persons". |
| | 3 | For subsection (1A) there is substituted— |
"(1A) The appropriate persons are—
| (a) | if none of paragraphs (b) to (h) apply, each of the following— |
| (i) | any parent of the child who has parental responsibility for him; and |
| (ii) | any guardian of the child; |
| (b) | where a special guardianship order is in force with respect to a child, each of the child's special guardians, unless any of paragraphs (c) to (g) applies; |
| (c) | where a care order has effect with respect to the child, the local authority designated in the order, and each parent, guardian or special guardian (insofar as their parental responsibility has not been restricted under section 33(3) of the Children Act 1989), unless paragraph (e) applies; |
| (d) | where a residence order has effect with respect to the child, the persons with whom the child lives, or is to live, as a result of the order, unless paragraph (e) applies; |
| (e) | where an adoption agency is authorised to place the child for adoption under section 18 of the Adoption and Children Act 2002, that agency or, where a care order has effect with respect to the child, the local authority designated in the order; |
| (f) | where a placement order is in force with respect to the child, the appropriate local authority; |
| (g) | where a child has been placed for adoption with prospective adopters, the prospective adopters (insofar as their parental responsibility has not been restricted under section 24(4) of the Adoption and Children Act 2002), in addition to those persons specified in paragraph (e) or (f); |
| (h) | where none of paragraphs (b) to (g) apply but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the persons with whom he lived, or was to live, as a result of the order.".'. |
Mr Secretary Milburn
296
Page 83, line 6 [Schedule 3], leave out 'by an adoption agency'.
Mr Secretary Milburn
297
Page 83, line 11 [Schedule 3], leave out from 'adoption' to end of line 12.
Mr Secretary Milburn
35
Page 84, line 8 [Schedule 3], leave out 'or' and insert 'sections 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or'.
Mr Secretary Milburn
36
Page 84, line 14 [Schedule 3], at end insert—
| '( ) | in the entry relating to the Adoption (Intercountry Aspects) Act 1999— |
| (i) | in the first column, for "Section" there is substituted "Sections 1 and", |
| (ii) | in the second column, for "Article 9(a) to (c) of" there is substituted "regulations made under section 1 giving effect to" and at the end there is inserted "and functions under Article 9(a) to (c) of the Convention"'. |
Mr Secretary Milburn
313
Page 85, line 12 [Schedule 3], at end insert—
| | '20A | In section 11 (restriction on arranging adoptions and placing of children)— |
| (i) | for paragraph (a) there is substituted— |
| "(a) | a registered adoption society (within the meaning of section 2(2) of the Adoption and Children Act 2002)"; and |
| (ii) | for "section 1" there is substituted "section 3(1)", and |
(b) after subsection (2) there is inserted—
"(2A) In relation to the provision of any particular service by an adoption society, the reference in subsection (2)(a) to a registered adoption society does not include a voluntary organisation unless it is registered under Part 2 of the Care Standards Act 2000 in respect of that service or a service which, in England, corresponds to that service."
| | 20B | In section 16 (parental agreement to adoption order)— |
| (i) | in paragraph (a), sub-paragraph (ii) is omitted, and |
| (ii) | after paragraph (a) there is inserted— |
| "(aa) | each parent or guardian of the child has consented under section 19 of the Adoption and Children Act 2002 (advance consent to adoption), has not withdrawn the consent and does not oppose the making of the adoption order; |
| (ab) | subsection (3A) applies and no parent or guardian of the child opposes the making of the adoption order", and |
(b) after subsection (3) there is inserted—
"(3A) This subsection applies where—
| (a) | the child has been placed for adoption by an adoption agency (within the meaning of section 2(1) of the Adoption and Children Act 2002) with the prospective adopters in whose favour the adoption order is proposed to be made; and |
| (b) | the child was placed for adoption— |
| (i) | under section 18 of that Act (placing children with parental consent) with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old; or |
| (ii) | under an order made under section 20 of that Act (placement orders) and the child was at least six weeks old when that order was made. |
(3B) A parent or guardian may not oppose the making of an adoption order under subsection (1)(aa) or (ab) without the leave of the court.
(3C) The court shall not give leave under subsection (3B) unless satisfied that there has been a change of circumstances since the consent of the parent or guardian was given or, as the case may be, the order under section 20 of that Act was made.
(3D) The withdrawal of—
| (a) | any consent to the placement of a child for adoption— |
| (ii) | under an order made under section 20, |
of the Adoption and Children Act 2002; or
| (b) | any consent given under section 19 of that Act, |
is ineffective if it is given after an application for an adoption order is made.".'
Mr Secretary Milburn
274
Page 85, line 28 [Schedule 3], leave out '83' and insert ' 86(2) '.
Mr Secretary Milburn
314
Page 85, line 32 [Schedule 3], at end insert—
| | '24A | Section 52 (restriction on advertisements) is omitted. |
| | 24B | In section 53 (effect of determination and orders made in England and Wales and overseas in adoption proceedings), in subsection (2), the words "England and Wales or" are omitted. |
| | 24C | After section 53 there is inserted— |
53A "Effect of certain orders made in England and Wales
(1) An adoption order (within the meaning of section 44(1) of the Adoption and Children Act 2002) has effect in Scotland as it has in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.
(2) An order made under section 20 of that Act (placement orders), and the variation or revocation of such an order under section 22 or 23 of that Act, have effect in Scotland as they have in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.
53B Effect of placing for adoption etc. under Adoption and Children Act 2002
(1) If—
| (a) | a child is placed for adoption under section 18 of the Adoption and Children Act 2002 (placing children with parental consent); or |
| (b) | an adoption agency is authorised to place a child for adoption under that section, |
sections 24 (parental responsibility) and 27(2) to (4) (further consequences of placement) of that Act have effect in Scotland as they have in England and Wales but with the modifications specified in subsection (2).
(2) Those modifications are—
| (a) | in section 24, any reference to the parental responsibility for the child is to be read as a reference to the parental responsibilities and parental rights in relation to the child; and |
| (b) | in section 27(2), the reference to the court is to be read as a reference to the authorised court. |
53C
Further consequences of placement and placement orders
(1) Subsection (2) applies where—
| (a) | a child is placed for adoption under section 18 of the Adoption and Children Act 2002 (placing children with parental consent); or |
| (b) | an adoption agency is authorised to place the child for adoption under that section. |
(2) No order under subsection (1) of section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.) of a kind referred to in subsection (2)(c) (residence orders) of that section may be made in respect of the child.
(3) On the making of an order under section 20 of the Adoption and Children Act 2002 (a "placement order") in respect of a child, any order under subsection (1) of section 11 of the Children (Scotland) Act 1995 of a kind referred to in subsection (2)(c) to (f) (residence orders, contact orders, specific issue orders and interdicts in relation to parental responsibilities) of that section in respect of the child ceases to have effect.
(4) Where a placement order is in force—
| (a) | no such order as is referred to in subsection (3) of this section; and |
| (b) | no order under section 55 of the Children (Scotland) Act 1995 (child assessment orders), |
may be made in respect of the child.".'
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