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The Adoption and Children Act 2002 (Commencement No. 1) (Scotland) Order 2005

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Scottish Statutory Instruments

2005 No. 643 (C.33)

CHILDREN AND YOUNG PERSONS

The Adoption and Children Act 2002 (Commencement No. 1) (Scotland) Order 2005

Made

14th December 2005

The Scottish Ministers, in exercise of the powers conferred on them by section 148(5) of the Adoption and Children Act 2002(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, interpretation and extent

1.—(1) This Order may be cited as the Adoption and Children Act 2002 (Commencement No. 1) (Scotland) Order 2005.

(2) In this Order, “the Act” means the Adoption and Children Act 2002.

(3) This Order extends to Scotland only.

Appointed day for commencement of provisions

2.  The appointed day for the coming into force of the following provisions of the Act is 30th December 2005–

(a)section 41(5) to (9), so far as relating to Scotland;

(b)section 132;

(c)paragraphs 21 to 35 and 82 to 84 of Schedule 3;

(d)paragraph 23 of Schedule 4;

(e)the entries in Schedule 5, so far as relating to the provisions mentioned in paragraph (c);

(f)section 139, so far as relating to the provisions mentioned in the preceding paragraphs.

ROBERT E BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

14th December 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force specified provisions in the Adoption and Children Act 2002 (“the 2002 Act”).

The 2002 Act largely extends to England and Wales only. By virtue of section 148(5) of the 2002 Act certain provisions, which are largely concerned with amendment of the Adoption (Scotland) Act 1978(2) to take account of the 2002 Act, are however to come into force on such day as the Scottish Ministers by order appoint.

This Order commences the provisions detailed, at 30th December 2005, enabling specified orders and associated provisions made under the 2002 Act, in relation to England and Wales, and which are also being commenced on 30th December 2005, to be recognised in Scotland, so that cross-border placements for adoption between England and Wales, and Scotland, continue as at present.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the 2002 Act have been or will be brought into force by commencement order made before the date of this Order. They are set out here for completeness. Sections 123 and 124 of the 2002 Act, which are included in the provisions brought into force by S.I. 2005/2213 (C.92), are being brought into force after consultation with the Scottish Ministers.

ProvisionDate of CommencementS.I. No.
[1] On the date this Commencement Order is made the commencement date of provisions marked * has not been reached. The other provisions noted have been commenced fully but for the sake of completeness the commencement dates have been set out.
[1]*Section 130th December 20052005/2213 (C.92)
Section 2(1) to (5), (7) and (8)7th December 20042004/3203 (C.139)
Section 2(6) in relation to England7th December 20042004/3203 (C.139)
Section 2(6), (7) and (8) partially, in relation to England6th October 20032003/366 (C.24)
Section 2(6) in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 2(7) and (8) partially, in relation to Wales28th November 20032003/3079 (C.117)
*Section 3(1), (2), (5) and (6)30th December 20052005/2213 (C.92)
Section 3(3) and (4) partially, in relation to England7th December 20042004/3203 (C.139)
Section 3(3) and (4) in relation to Wales6th June 20052005/1206 (W.78)(C.54)
*Section 3(3) and (4) in relation to England30th December 20052005/2213 (C.92)
*Section 4(1)(a) in relation to England30th December 20052005/2213 (C.92)
Section 4(1)(b) and (5) partially in relation to Wales7th February 20042004/252 (W.27)(C.9)
Section 4(1)(b) and (5) partially, in relation to England7th December 20042004/3203 (C.139)
*Section 4(1)(b) and (5) in relation to England30th December 20052005/2213 (C.92)
*Section 4(2) to (4) in relation to England30th December 20052005/2213 (C.92)
Section 4(6) and (7)(b) to (i) partially, in relation to England10th March 20032003/366 (C.24)
Section 4(6) and (7)(b) to (i) partially, in relation to England6th October 20032003/366 (C.24)
Section 4(6) and (7)(b) to (i) in relation to England7th December 20042004/3203 (C.139)
*Section 4(7)(a) in relation to England7th December 20042003/3203 (C.139)
Section 4(6) and (7) in relation to Wales7th February 20042004/252 (W.27)(C.9)
*Section 4(8) to (11) in relation to England30th December 20052005/2213 (C.92)
*Section 4, in relation to Wales, so far as not already in force30th December 20052005/3112 (W.134)(C.232)
*Section 6 in relation to England30th December 20052005/2213(C.92)
*Section 7 in relation to England30th December 20052005/2213 (C.92)
Section 8 partially, in relation to England7th December 20042004/3203 (C.139)
*Section 8 in relation to England30th December 20052005/2213 (C.92)
*Sections 6 to 8 in relation to Wales30th December 20052005/3112 (W.134)(C.232)
Section 9 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 9 in relation to England7th December 20042004/3203 (C.139)
Section 10 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 10 in relation to England7th December 20042004/3203 (C.139)
Section 11 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 11 in relation to England7th December 20042004/3203 (C.139)
Section 12(1) to (3) in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 12(1) to (3) partially, in relation to England7th December 20042004/3203 (C.139)
*Section 12 in relation to England30th December 20052005/2213 (C.92)
*Section 12, in relation to Wales, so far as not already in force30th December 20052005/3112 (W.134)(C.232)
*Sections 13 to 15 in relation to England30th December 20052005/2213 (C.92)
*Sections 13 to 15, in relation to Wales30th December 20052005/3112 (W.134)(C.232)
Section 16 in relation to Wales1st February 20032003/181 (W.31) (C.9)
Section 16 partially, in relation to England25th February 20032003/366 (C. 24)
Section 16 partially, in relation to England30th April 20032003/366 (C. 24)
*Section 16 in relation to England30th December 20052005/2213 (C. 92)
*Section 18 to 2630th December 20052005/2213 (C.92)
*Section 27(1), (2), (4) and (5)30th December 20052005/2213 (C.9)
Section 27(3) in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 27(3) in relation to England7th December 20042004/3203 (C.139)
*Sections 28 to 4330th December 20052005/2213 (C.92)
Section 44 partially7th December 20042004/3203 (C.139)
*Section 4430th December 20052005/2213 (C.92)
Section 457th December 20042004/3203 (C.139)
*Sections 46 to 5230th December 20052005/2213 (C.92)
Section 53(1) to (3) in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 53(1) to (3) in relation to England7th December 20042004/3203 (C.139)
*Section 53(4) to (6)30th December 20052005/2213 (C.92)
Section 54 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 54 in relation to England7th December 20042004/3203 (C.139)
*Section 5530 December 20052005/2213 (C.92)
Section 56(1) and (3) in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 56 partially, in relation to England7th December 20042004/3203 (C.139)
*Section 56 in relation to England30th December 20052005/2213 (C.92)
Section 57 partially, in relation to England7th December 20042004/3203 (C.139)
*Section 57 in relation to England30th December 20052005/2213 (C.92)
Section 57(5) partially, in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 57(6) in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 58 partially, in relation to England7th December 20042004/3203 (C.139)
*Section 58 in relation to England30th December 20052005/2213 (C.92)
Section 58(2) and (3) partially, in relation to Wales7th February 20042004/252 (W.27) (C.9)
*Sections 56 to 58, in relation to Wales, so far as not already in force30th December 20052005/3112 (W.134)(C.232)
Section 59 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 59 partially, in relation to England7th December 20042004/3203 (C.139)
*Section 59 in relation to England30th December 20052005/2213 (C.92)
*Section 60(1), (3) and (5) in relation to England30th December 20052005/2213 (C.92)
Section 60(2) and (4) partially, in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 60(2) and (4) partially, in relation England7th December 20042004/3203 (C.139)
*Section 60(2) and (4) in relation to England30th December 20052005/2213 (C.92)
*Section 61(1) to (4) and (6) in relation to England30th December 20052005/2213 (C.92)
Section 61(5) partially, in relation to England7th December 20042004/3203 (C.139)
*Section 61(5) in relation to England30th December 20052005/2213 (C.92)
Section 61(5)(c) partially, in relation to Wales7th February 20042004/252 (W.27) (C.9)
*Section 62(1) to (6) and (8) in relation to England30th December 20052005/2213 (C.92)
Section 62(7) partially, in relation to England7th December 20042004/3203 (C.139)
*Section 62(7) in relation to England30th December 20052005/2213 (C.92)
Section 62(7)(c) partially, in relation to Wales7th February 20042004/252 (W.27) (C.9)
*Sections 60 to 62, in relation to England and Wales, so far as not already in force30th December 20052005/3112 (W.134)(C.232)
Section 63 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 63 in relation to England and as respect subsections (2) to (5) in relation to Scotland and Northern Ireland7th December 20042004/3203 (C.139)
Section 64 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 64 in relation to England7th December 20042004/3203 (C.139)
Section 65 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 65 in relation to England and as respect subsections (2)(a) and (3) in relation to Scotland and (2)(b) and (3) in relation to Northern Ireland7th December 20042004/3203 (C.139)
*Sections 66 to 7630th December 20052005/2213 (C.92)
*Section 77(1), (2) and (4) to (6)30th December 20052005/2213 (C.92)
Section 77(3) partially7th December 20042004/3203 (C.139)
*Section 77(3)30th December 20052005/2213 (C.92)
*Section 78(1), (2) and (4)30th December 20052005/2213(C.92)
Section 78(3) partially7th December 20042004/3203 (C.139)
*Section 78(3)30th December 20052005/2213 (C.92)
Section 79(5) and (7) to (9) partially7th December 20042004/3203 (C.139)
*Section 80(1),(3) and (5)30th December 20052005/2213 (C.92)
Section 80(2), (4) and (6) partially7th December 20042004/3203 (C.139)
*Section 80(2), (4) and (6)30th December 20052005/2213 (C.92)
*Section 81(1) to (3)30th December 20052005/2213 (C.92)
Section 81(4)7th December 20042004/3203 (C.139)
*Section 8230th December 20052005/2213 (C.92)
Section 83(1) to (7) and (9) partially7th December 20042004/3203 (C.139)
*Section 83(1) to (7) and (9)30th December 20052005/2213 (C.92)
*Section 83(8)30th December 20052005/2213 (C.92)
Section 84 partially7th December 20042004/3203 (C.139)
*Section 8430th December 20052005/2213 (C.92)
*Section 8530th December 20052005/2213 (C.92)
Section 86 partially7th December 20042004/3203 (C.139)
*Section 8630th December 20052005/2213 (C.92)
Section 87(1)(a), (2), (5) and (6) partially7th December 20042004/3203 (C.139)
*Section 87(1)(a), (2), (5) and (6)30th December 20052005/2213 (C.92)
Section 87(1)(b) and (4)1st June 20032003/366 (C.24)
*Section 87(3)30th December 20052005/2213 (C.92)
*Sections 88 to 9130th December 20052005/2213 (C.92)
Section 92 partially7th December 20042004/3203 (C.139)
*Section 9230th December 20052005/2213 (C.92)
*Section 9330th December 20052005/2213 (C.92)
Section 94(1) partially7th December 20042004/3203 (C.139)
*Section 94(1)30th December 20052005/2213 (C.92)
*Section 94(2) to (5)30th December 20052005/2213 (C.92)
*Sections 95, 96 and 9730th December 20052005/2213 (C.92)
Section 98 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Section 98 in relation to England7th December 20042004/3203 (C.139)
*Sections 99 to 10730th December 20052005/2213 (C.92)
Section 1087th December 20042004/3203 (C.139)
*Sections 109 and 11030th December 20052005/ 2213(C.92)
Section 1111st December 20032003/3079 (C.117)
*Sections 112 to 11530th December 20052005/2213 (C.92)
Section 117 partially7th December 20042004/3203 (C.139)
*Section 11730th December 20052005/2213 (C.92)
Section 11821st May 20042004/1403 (C.56)
Section 1191st April 20042003/3079 (C.117)
Section 12031st January 20052004/3203 (C.139)
Section 121 partially7th December 20042004/3203 (C.139)
*Section 12130th December 20052005/2213 (C.92)
*Section 122(1)(a)30th December 20052005/2213 (C.92)
Section 122(1)(b) and (2)7th December 20042004/3203 (C.139)
*Sections 123 and 124 in relation to England, Wales, Scotland and Northern Ireland30th December 20052005/2213 (C.92)
Section 1351st June 20032003/366 (C.24)
*Section 13730th December 20052005/2213 (C.92)
*Section 138 in relation to England, Wales and Scotland30th December 20052005/2213 (C.92)
Section 139(1) partially, in relation to Northern Ireland3rd February 20032003/288 (C.14)
Partially, in relation England25th February 20032003/366 (C.24)
Partially, in relation England30th April 20032003/366 (C.24)
Partially, in relation to Wales28th November 20032003/3079 (C.117)
Partially1st December 20032003/3079 (C.117)
Partially7th December 20042004/3203 (C.139)
*Partially30th December 20052005/2213 (C.139)
*Partially, in relation to Wales30th December 20052005/3112 (W.134) (C.232)
Section 139(2) partially3rd February 20032003/288 (C.14)
Partially25th February 20032003/366 (C.24)
Partially, in relation to England10th March 20032003/366 (C.24)
Partially1st April 20032003/366 (C.24)
Partially1st June 20032003/366 (C.24)
Partially, in relation to England6th October 20032003/366 (C.24)
Partially, in relation to England1st December 20032003/3079 (C.117)
Partially, in relation to England1st April 20042004/3079 (C.117)
Partially, in relation to Wales7th February 20042004/252 (W.27) (C.9)
Partially15th October 20052005/2897 (C.123)
Section 139(3) partially28th November 20032003/3079 (C.117)
*Partially30th December 20052005/2213 (C.92)
Partially15th October 20052005/2897 (C.123)
*Partially, in relation to England30th December 20052005/2213 (C.92)
Schedule 1
Paragraphs 1 and 3 partially7th December 20042004/3203 (C.139)
*Paragraphs 1 and 330th December 20052005/2213 (C.92)
*Paragraphs 2 and 4 to 630th December 20052005/2213 (C.92)
Schedule 2
Paragraph 1 partially7th December 20042004/3203 (C.139)
*Paragraph 130th December 20052005/2213 (C.92)
*Paragraphs 2 to 430th December 20052005/2213 (C.92)
Schedule 3
*Paragraphs 1 to 530 December 20052005/2213(C.92)
Paragraphs 6 and 71st December 20032003/3079 (C.117)
*Paragraphs 9 to 1230th December 20052005/2213 (C.92)
*Paragraph 13 in relation to England30th December 20052005/2213 (C.92)
*Paragraphs 14 to 2030th December 20052005/2213 (C92)
*Paragraphs 36 to 4330th December 20052005/2213 (C.92)
*Paragraphs 45 to 5230th December 20052005/2213 (C.92)
Paragraphs 533rd February 20032003/288 (C.14)
*Paragraphs 54 to 5930th December 20052005/2213 (C.92)
Paragraph 60 partially7th December 20042004/3203 (C.139)
*Paragraph 6030th December 20052005/2213 (C.92)
*Paragraphs 61 to 6430th December 20052005/2213 (C.92)
*Paragraph 65 in relation to England30th December 20052005/2213 (C.92)
*Paragraphs 67 to 8130th December 20052005/2213 (C.92)
*Paragraphs 85 to 9330th December 20052005/2213 (C.92)
*Paragraphs 95 to 9930th December 20052005/2213 (C.92)
*Paragraphs 101 and 10230th December 20052005/2213 (C.92)
Paragraph 103 partially, in relation to England25th February 20032003/366 (C.24)
Paragraph 103 partially, in relation to England30th April 20032003/366 (C.24)
Paragraph 103 in relation to Wales28th November 20032003/3079 (C.117)
*Paragraph 103 in relation to England30th December 20052005/2213 (C.92)
*Paragraph 10430th December 20052005/2213 (C.92)
Paragraph 105 in relation England30th April 20032003/366 (C.24)
Paragraph 105 in relation Wales28th November 20032003/3079 (C.117)
Paragraph 106 in relation England30th April 20032003/366 (C.24)
Paragraph 106 in relation Wales28th November 20032003/3079 (C.117)
*Paragraphs 107 to 10930th December 20052005/2213 (C.92)
Paragraph 110 partially, in relation to England30th April 20032003/366 (C.24)
Paragraph 110 partially, in relation to Wales28th November 20032003/3079 (C.117)
*Paragraph 11030th December 20052005/2213 (C.92)
*Paragraphs 111 to 113 in relation to England30th December 20052005/2213 (C.92)
*Paragraphs 13, 65 and 111 to 113, in relation to Wales30th December 20052005/3112 (W.134)(C.232)
*Paragraphs 114 to 11730th December 20052005/2213 (C.92)
Paragraph 11828th November 20032003/3079 (C.117)
Schedule 4
Paragraphs 1, 2, 6 to 8 and 17 to 2215th October 20052005/2897 (C.123)
Paragraph 3 in relation to England6th October 20032003/366 (C.24)
Paragraph 3 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Paragraph 4(1)3rd February 20032003/288 (C.14)
Paragraph 4(2)25th February 20032003/366 (C.24)
Paragraph 5 in relation to England1st April 20042003/3079 (C.117)
Paragraph 5 in relation to Wales7th February 20042004/252 (W.27) (C.9)
Paragraph 101st June 20032003/366 (C.24)
Paragraph 11 partially1st June 20032003/366 (C.24)
Paragraph 12 partially1st April 20032003/366 (C.24)
Paragraph 12 partially1st June 20032003/366 (C.24)
Paragraph 131st June 20032003/366 (C.24)
Paragraph 141st June 20032003/366 (C.24)
Schedule 5
Partially1st June 20032003/366 (C.24)
Partially28th November 20032003/3079 (C.117)
Partially15th October 20052005/2897 (C.123)

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