Office of Public Sector Information
PART 1 continued CHAPTER 7 continued
In section 94 of the 1989 Act (appeals under that Act), in subsections (1)(a) and (2), after “this Act” there is inserted “or the Adoption and Children Act 2002”.
(1) Proceedings under this Act in the High Court or a County Court may be heard and determined in private.
(2) In section 12 of the Administration of Justice Act 1960 (c. 65) (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”.
(3) 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”.
(1) For the purposes of—
(a) any relevant application,
(b) the signification by any person of any consent to placement or adoption,
rules must provide for the appointment in prescribed cases of an officer of the Children and Family Court Advisory and Support Service (“the Service”).
(2) 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.
(3) The rules may provide for the officer—
(a) to act on behalf of the child upon the hearing of any relevant application, with the duty of safeguarding the interests of the child in the prescribed manner,
(b) where the court so requests, to prepare a report on matters relating to the welfare of the child in question,
(c) to witness documents which signify consent to placement or adoption,
(d) to perform prescribed functions.
(4) A report prepared in pursuance of the rules on matters relating to the welfare of a child must—
(a) deal with prescribed matters (unless the court orders otherwise), and
(b) be made in the manner required by the court.
(5) A person who—
(a) in the case of an application for the making, varying or revocation of a placement order, is employed by the local authority which made the application,
(b) in the case of an application for an adoption order in respect of a child who was placed for adoption, is employed by the adoption agency which placed him, or
(c) is within a prescribed description,
is not to be appointed under subsection (1) or (2).
(6) In this section, “relevant application” means an application for—
(a) the making, varying or revocation of a placement order,
(b) the making of an order under section 26, or the varying or revocation of such an order,
(c) the making of an adoption order, or
(d) the making of an order under section 84.
(7) Rules may make provision as to the assistance which the court may require an officer of the Service to give to it.
(1) Where an officer of the Service has been appointed to act under section 102(1), he has the right at all reasonable times to examine and take copies of any records of, or held by, an adoption agency which were compiled in connection with the making, or proposed making, by any person of any application under this Part in respect of the child concerned.
(2) Where an officer of the Service takes a copy of any record which he is entitled to examine under this section, that copy or any part of it is admissible as evidence of any matter referred to in any—
(a) report which he makes to the court in the proceedings in question, or
(b) evidence which he gives in those proceedings.
(3) Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.
(1) If a document signifying any consent which is required by this Part to be given is witnessed in accordance with rules, it is to be admissible in evidence without further proof of the signature of the person by whom it was executed.
(2) A document signifying any such consent which purports to be witnessed in accordance with rules is to be presumed to be so witnessed, and to have been executed and witnessed on the date and at the place specified in the document, unless the contrary is proved.
(1) A Scottish adoption order or an order under section 25 of the Adoption (Scotland) Act 1978 (c. 28) (interim adoption orders) has effect in England and Wales as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.
(2) An order made under section 18 of the Adoption (Scotland) Act 1978 (freeing orders), and the revocation or variation of such an order under section 20 or 21 of that Act, have effect in England and Wales as they have effect in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.
(3) Any person who—
(a) contravenes section 27(1) of that Act (removal where adoption agreed etc.), or
(b) contravenes section 28(1) or (2) of that Act (removal where applicant provided home),
is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
(4) Orders made under section 29 of that Act (order to return or not to remove child) are to have effect in England and Wales as if they were orders of the High Court under section 41 of this Act.
(1) A Northern Irish adoption order or an order under Article 26 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) (interim orders) has effect in England and Wales as it has in Northern Ireland.
(2) An order made under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 (freeing orders), or the variation or revocation of such an order under Article 20 or 21 of that Order, have effect in England and Wales as they have in Northern Ireland.
(3) Any person who—
(a) contravenes Article 28(1) or (2) of the Adoption (Northern Ireland) Order 1987 (removal where adoption agreed etc.), or
(b) contravenes Article 29(1) or (2) of that Order (removal where applicant provided home),
is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
(4) Orders made under Article 30 of that Order (order to return or not to remove child) are to have effect in England and Wales as if they were orders of the High Court under section 41 of this Act.
Any document which is receivable as evidence of any matter—
(a) in Scotland under section 45(2) of the Adoption (Scotland) Act 1978 (c. 28),
(b) in Northern Ireland under Article 63(1) of the Adoption (Northern Ireland) Order 1987, or
(c) in the Isle of Man or any of the Channel Islands under an enactment corresponding to section 77(3) of this Act,
is also receivable as evidence of that matter in England and Wales.
(1) Regulations may provide—
(a) for a reference in any provision of this Act to an order of a court to include an order of a court in the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the order in question,
(b) for a reference in any provision of this Act to an adoption agency to include a person who appears to the Secretary of State to exercise functions under the law of the Isle of Man or any of the Channel Islands which correspond to those of an adoption agency and for any reference in any provision of this Act to a child placed for adoption by an adoption agency to be read accordingly,
(c) for a reference in any provision of this Act to an enactment (including an enactment contained in this Act) to include a provision of the law of the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the enactment,
(d) for any reference in any provision of this Act to the United Kingdom to include the Isle of Man or any of the Channel Islands.
(2) Regulations may modify any provision of this Act, as it applies to any order made, or other thing done, under the law of the Isle of Man or any of the Channel Islands.
(3) In this section, “regulations” means regulations made by the Secretary of State after consultation with the Assembly.
(1) In proceedings in which a question may arise as to whether an adoption order or placement order should be made, or any other question with respect to such an order, the court must (in the light of any rules made by virtue of subsection (2))—
(a) draw up a timetable with a view to determining such a question without delay, and
(b) give such directions as it considers appropriate for the purpose of ensuring that the timetable is adhered to.
(2) Rules may—
(a) prescribe periods within which prescribed steps must be taken in relation to such proceedings, and
(b) make other provision with respect to such proceedings for the purpose of ensuring that such questions are determined without delay.
Any notice or information required to be given by virtue of this Act may be given by post.
Adoption and Children Act 2002