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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— |
"53AEffect 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.
53BEffect 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. |
53CFurther 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.".'
Mr Secretary Milburn
307
Page 85, line 35 [Schedule 3], at end insert—
| | '25B | In section 60 (orders, rules and regulations), after subsection (3) there is inserted— |
"(3A) An order under section 65(2) shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.".'.
Mr Secretary Milburn
315
Page 85, line 35 [Schedule 3], at end insert—
| | '25A | In section 59 (rules of procedure)— |
| (i) | for the words from "in relation to" to "adoption", where it secondly occurs, there is substituted "(except where an order has been made freeing the child for adoption)"; and |
| (ii) | for the words from "every" to "Act" there is substituted "any person mentioned in subsection (2A)"; and |
(b) after subsection (2) there is inserted—
"(2A) The persons referred to in subsection (2) are—
| (a) | every person who can be found and whose agreement or consent to the making of the order is required to be given or dispensed with under this Act or, if no such person can be found, any relative prescribed by the rules who can be found; |
| (b) | every person who has consented to the making of the order under section 19 of the Adoption and Children Act 2002 (and has not withdrawn the consent) unless he has given a notice under subsection (4)(a) of that section which has effect; |
| (c) | every person who, if leave were given under section 16(3B), would be entitled to oppose the making of the order.".'. |
Mr Secretary Milburn
316
Page 86, Schedule 3], leave out lines 4 to 7.
Mr Secretary Milburn
317
Page 86, line 7 [Schedule 3], at end insert ', and
( ) in the definition of "order freeing a child for adoption", paragraph (a) and the word "and" immediately following that paragraph are omitted.'
Mr Secretary Milburn
64
Page 86, line 16 [Schedule 3], leave out from 'proceedings)' to end of line 18 and insert—
'(a) in subsection (1), "(other than proceedings under the Adoption Act 1976)" is omitted,
| (i) | for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2002", |
| (ii) | the words following "(a) and (b)" are omitted.'. |
Mr Secretary Milburn
40
Page 86, [Schedule 3], leave out lines 26 to 29.
Mr Secretary Milburn
275
Page 88, line 39 [Schedule 3], at end insert—
| '(ab) | an order made under section 25 of the Adoption and Children Act 2002 (contact), other than an order varying or revoking such an order'. |
Mr Secretary Milburn
276
Page 88, line 43 [Schedule 3], at end insert—
| '(2B) | A court in England and Wales shall not have jurisdiction to make an order under section 25 of the Adoption and Children Act 2002 unless the condition in section 3 of this Act is satisfied'. |
Mr Secretary Milburn
322
Page 89, line 15 [Schedule 3], at end insert—
| | 45A | In Article 2(2) (interpretation), in the definition of "prescribed" for "Articles 54" there is substituted "Articles 53(3B) and (3D), 54".' |
Mr Secretary Milburn
106
Page 89, line 23 [Schedule 3], at end insert—
'( ) after subsection (5) there is inserted—
"(5A) A local authority foster parent is entitled to apply for a residence order with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application.",'.
Mr Secretary Milburn
107
Page 91, line 4 [Schedule 3], leave out from beginning to 'or'.
Mr Secretary Milburn
264
Page 91, line 17 [Schedule 3], leave out 'care' and insert 'section 31A'.
Mr Secretary Milburn
265
Page 91, line 17 [Schedule 3], leave out '31A(1)' and insert '31A(6)'.
Mr Secretary Milburn
284
Page 94, line 29 [Schedule 3], leave out '14' and insert '13'.
Mr Secretary Milburn
285
Page 95, line 3 [Schedule 3], at end insert—
| | | 'Section 14 (restriction on bringing children into the United Kingdom for adoption) is omitted'. |
Mr Secretary Milburn
269
Page 95, line 21 [Schedule 3], leave out from '1999' to the end of line 23 and insert—
| '(e) | an offence under the Adoption and Children Act 2002 or regulations made under it." ' |
Mr Secretary Milburn
266
Page 96, line 11 [Schedule 3], at end insert—
'The Criminal Justice and Court Services Act 2000 (c.43)
In section 12(5) of the Criminal Justice and Court Services Act 2000 (meaning of "family proceedings" in relation to CAFCASS), paragraph (b) (supervision orders under the 1989 Act) and the preceding "and" are omitted'.
Mr Secretary Milburn
286
Page 96, line 40 [Schedule 4], at end insert—
'Adoption support services
| 2A | (1) | The facilities to be provided by local authorities as part of the service maintained under section 1(1) of the Adoption Act 1976 include such arrangements as the authorities may be required by regulations to make for the provision of adoption support services to prescribed persons. |
| (2) | Regulations under sub-paragraph (1) may require a local authority— |
(a) at the request of a prescribed person, to carry out an assessment of his needs for adoption support services,
(b) if, as a result of the assessment, the authority decide that he has such needs, to decide whether to provide any such services to him,
(c) if the authority decide to provide any such services to a person, and the circumstances fall within a description prescribed by the regulations, to prepare a plan in accordance with which the services are to be provided to him and keep the plan under review.
| (3) | Subsections (6) and (7) (except paragraph (a)) of section 4 of this Act apply to regulations under sub-paragraph (1) as they apply to regulations made by virtue of that section. |
| (4) | Section 57(1) of the Adoption Act 1976 (prohibited payments) does not apply to any payment made in accordance with regulations under sub-paragraph (1). |
Independent review mechanism
| 2B | (1) | After section 9 of the Adoption Act 1976 there is inserted— |
"9A Independent review of determinations (1) Regulations under section 9 may establish a procedure under which any person in respect of whom a qualifying determination has been made by an adoption agency may apply to a panel constituted by the Secretary of State for a review of that determination.
(2) The regulations must make provision as to the description of determinations which are qualifying determinations for the purposes of subsection (1).
(3) The regulations may include provision as to—
| (a) | the duties and powers of a panel (including the power to recover the costs of a review from the adoption agency by which the determination reviewed was made), |
| (b) | the administration and procedures of a panel, |
| (c) | the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment), |
| (d) | the payment of expenses of members of a panel, |
| (e) | the duties of adoption agencies in connection with reviews conducted under the regulations, |
| (f) | the monitoring of any such reviews. |
(4) The Secretary of State may make an arrangement with an organisation under which functions in relation to the panel are performed by the organisation on his behalf.
(5) If the Secretary of State makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by the Secretary of State.
(6) The arrangement may include provision for payments to be made to the organisation by the Secretary of State.
(7) Where the functions of the Secretary of State are exercisable by the National Assembly for Wales, subsections (4) and (6) also apply as if references to an organisation included references to the Secretary of State.
(8) In this section, "organisation" includes a public body and a private or voluntary organisation".
| (2) | In the National Assembly for Wales (Transfer of Functions) Order 1999, in Schedule 1, in the entry for the Adoption Act 1976, after "9" there is inserted "9A".' |
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