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Adoption Act 1976

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 3(6A)(6B) inserted by 1999 c. 18 s. 10 (This amendment not applied to legislation.gov.uk. S. 10 repealed (30.4.2003 for W., 1.6.2003 for E.) without ever being in force by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2003/501, art. 2(3)(b); S.I. 2003/365, art. 3(6)(a))
  • s. 13(4) inserted by 1999 c. 18 s. 11 (This amendment not applied to legislation.gov.uk. S. 11 ceases to have effect (E.W.) (30.12.2005) by virtue of 2002 c. 38, ss. 139, 148(1), Sch. 3 para. 95 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o))
  • s. 52(1)(c) power to extend conferred by 2002 c. 38 Sch. 4 para. 16(1)(a)
  • s. 52(1A) inserted by 2002 c. 38 Sch. 4 para. 15(a)
  • s. 56(4)-(6) inserted by 2002 c. 38 Sch. 4 para. 11(b)

Commencement Orders yet to be applied to the Adoption Act 1976

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

SupplementalE+W

8 Inactive or defunct adoption societies.E+W

(1)If it appears to the Secretary of State that [F1a body which is or has been an appropriate voluntary organisation], is inactive or defunct he may, in relation to any child who is or was in the care of the [F2organisation], direct what appears to him to be the appropriate local authority to take any such action as might have been taken by the [F2organisation] or by the [F2organisation] jointly with the authority; and if apart from this section the authority would not be entitled to take that action, or would not be entitled to take it without joining the [F2organisation] in the action, it shall be entitled to do so.

(2)Before giving a direction under subsection (1) the Secretary of State shall, if practicable, consult both the [F2organisation] and the authority.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 8(1) substituted (30.1.2003 for W., 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 122, Sch. 4 para. 5(5)(a); S.I. 2003/152, art. 2(1)(d); S.I. 2003/365, art. 3(5)(c)

F2Words in s. 8 substituted (30.1.2003 for W., 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 122, Sch. 4 para. 5(5)(b); S.I. 2003/152, art. 2(1)(d); S.I. 2003/365, art. 3(5)(c)

Modifications etc. (not altering text)

C1S. 8: transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

9 Regulation of adoption agencies.E+W

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The [F4appropriate Minister] may make regulations for any purpose relating to the exercise of its functions by [F5an appropriate voluntary organisation].

[F6(2A)The power under subsection (2) includes in particular power to make in relation to an appropriate voluntary organisation any provision which regulations under section 22(2) or (7) of the Care Standards Act 2000 (regulation of establishments and agencies) may make in relation to a fostering agency (within the meaning of that Act).]

(3)The [F4appropriate Minister] may make regulations with respect to the exercise by local authorities of their functions of making or participating in arrangements for the adoption of children.

[F7(3A)The power under subsection (3) includes in particular power to make in relation to the functions there mentioned any provision which regulations under section 48 of the Care Standards Act 2000 (regulation of the exercise of relevant fostering functions) may make in relation to relevant fostering functions (within the meaning of Part III of that Act).]

(4)Any person who contravenes or fails to comply with regulations made under subsection (2) [F8or (3)]shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F9level 5 on the standard scale].

[F10(5) In this section and section 9A, “ the appropriate Minister ” means—

(a)in relation to England, the Secretary of State,

(b)in relation to Wales, the National Assembly for Wales,

and in relation to England and Wales, means the Secretary of State and the Assembly acting jointly.]

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Amendments (Textual)

F3S. 9(1) repealed (30.1.2003 for W., 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 122, Sch. 6; S.I. 2003/152, art. 2(1)(e)(ii); S.I. 2003/365, art. 3(5)(c)

F5Words in s. 9(2) substituted (1.7.2001 for W., 24.2.2003 for E. for specified purposes, 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 116, s. 122, Sch. 4 para. 5(6)(a); S.I. 2001/2190, art. 2, Sch.;S.I. 2003/365, art. 3(2)(a)(ii) (with Sch.); S.I. 2003/365, art. 3(5)(c)

F6S. 9(2A) inserted (1.7.2001 for W., 24.2.2003 for E. for specified purposes, 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), ss. 116, 122, Sch. 4 para. 5(6)(b); S.I. 2001/2190, art. 2, Sch.; S.I. 2003/365, art. 3(2)(a)(ii) (with Sch.); S.I. 2003/365, art. 3(5)(c)

F7S. 9(3A) inserted (1.7.2001 for W., 24.2.2003 for E. for specified purposes, 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), ss. 116, 122, Sch. 4 para. 5(6)(c); S.I. 2001/2190, art. 2, Sch.; S.I. 2003/365, art. 3(2)(a)(ii) (with Sch.); S.I. 2003/365, art. 3(5)(c)

F8Words in s. 9(4) inserted (1.7.2001 for W. and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 5(6)(d); S.I. 2001/2190, art. 2, Sch.

Modifications etc. (not altering text)

C2S. 9: transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[F119A Independent review of determinationsE+W

(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 appropriate Minister 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 appropriate Minister 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 appropriate Minister 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 appropriate Minister.

(6)The arrangement may include provision for payments to be made to the organisation by the appropriate Minister.

(7)Where the appropriate Minister is 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. ]

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Amendments (Textual)

F11S. 9A inserted (1.12.2003 for E. for specified purposes, 7.2.2004 for W., 1.4.2004 for E. in so far as not already in force) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 4 para. 5 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(c)(4)(a); S.I. 2004/252, art. 2(d)

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

11 Restriction on arranging adoptions and placing of children.E+W

(1)A person other than an adoption agency shall not make arrangements for the adoption of a child, or place a child for adoption, unless—

(a)the proposed adopter is a relative of the child, or

(b)he is acting in pursuance of an order of the High Court.

[F13(2)An adoption society which is—

(a)approved as respects Scotland under section 3 of the Adoption (Scotland) Act M11978; or

(b)registered as respects Northern Ireland under Article 4 of the Adoption (Northern Ireland) Order M21987,

but which is not [F14an appropriate voluntary organisation], shall not act as an adoption society in England and Wales except to the extent that the society considers it necessary to do so in the interests of a person mentioned in section 1 of the Act of 1978 or Article 3 of the Order of 1987.]

(3)A person who—

(a)takes part in the management or control of a body of persons which exists wholly or partly for the purpose of making arrangements for the adoption of children and which is not an adoption agency; or

(b)contravenes subsection (1); or

(c)receives a child placed with him in contravention of subsection (1),

shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F15level 5 on the standard scale] or to both.

(4)In any proceedings for an offence under paragraph (a) of subsection (3), proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the management or control of a body of persons, or in making arrangements for the adoption of children on behalf of the body, shall be admissible as evidence of the purpose for which that body exists.

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F14Words in s. 11(2) substituted (30.1.2003 for W., 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 122, Sch. 4 para. 5(7)(a); S.I. 2003/152, art. 2(1)(d), S.I. 2003/365, art. 3(5)(c)

F16S. 11(5) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20),s. 108(7) Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Marginal Citations

M11978 c.28(49:11).

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