Adoption Act 1976

Supplemental E+W

8 Inactive or defunct adoption societies. E+W

(1) If it appears to the Secretary of State that an approved adoption society, or one in relation to which approval has been withdrawn under section 4 or has expired, is inactive or defunct he may, in relation to any child who is or was in the care of the society, direct what appears to him to be the appropriate local authority to take any such action as might have been taken by the society or by the society 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 society 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 society and the authority.

Modifications etc. (not altering text)

C1 S. 8: transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

9 Regulation of adoption agencies. E+W

(1) The Secretary of State may by regulations prohibit unincorporated bodies from applying for approval under section 3; and he shall not approve any unincorporated body whose application is contrary to regulations made under this subsection.

(2) The Secretary of State may make regulations for any purpose relating to the exercise of its functions by [F1 an appropriate voluntary organisation].

[F2 (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 Secretary of State 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.

[F3 (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) [F4 or (3)]shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F5 level 5 on the standard scale].

Textual Amendments

F1 Words in s. 9(2) substituted (1.7.2001 for W. and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 5(6)(a); S.I. 2001/2190, art. 2, Sch.

F2 S. 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)

F3 S. 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)

F4 Words 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.

F5 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C2 S. 9: transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 S. 10 repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 9, 30, Sch. 2 para. 30, Sch. 10 Pt. I

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.

[F7 (2) An adoption society which is—

(a) approved as respects Scotland under section 3 of the Adoption (Scotland) Act M1 1978; or

(b) registered as respects Northern Ireland under Article 4 of the Adoption (Northern Ireland) Order M2 1987,

but which is not approved under section 3 of this Act, 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 [F8 level 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.

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 11(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 88, Sch. 10 para.2 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F8 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F9 S. 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

M1 1978 c.28(49:11).

M2 S.I. 1987/2203 (N.I. 22).