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Commencement Orders bringing legislation that affects this Act into force:
(1)Except under the authority of an order under section 55, [F1section 49 of the M1Adoption (Scotland) Act 1978 or Article 57 of the M2Adoption (Northern Ireland) Order 1987] it shall not be lawful for any person to take or send a child who is a British subject or a citizen of the Republic of Ireland out of Great Britain to any place outside the [F2United Kingdom, the Channel Islands and the Isle of Man] with a view to the adoption of the child by any person not being a parent or guardian or relative of the child; and any person who takes or sends a child out of Great Britain to any place in contravention of this subsection, or makes or takes part in any arrangements for [F3placing a child with] any person for that purpose, 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 [F4level 5 on the standard scale] or both.
(2)In any proceedings under this section, a report by a British consular officer or a deposition made before a British consular officer and authenticated under the signature of that officer shall, upon proof that the officer or the deponent cannot be found in the United Kingdom, be admissible as evidence of the matters stated therein, and it shall not be necessary to prove the signature or official character of the person who appears to have signed any such report or deposition.
(3)A person shall be deemed to take part in arrangements for [F5placing a child with] a person for the purpose referred to in subsection (1) if—
(a)he facilitates the placing of the child [F6with] that person; or
(b)he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor, and if he causes another person to do so.
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Amendments (Textual)
F1Words in s. 56(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.23(2)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2Words in s. 56(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.23(2)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3Words in s. 56(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.23(1)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F4Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F5Words in s. 56(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.23(1)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F6Words in s. 56(3)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.23(1)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
Modifications etc. (not altering text)
C1S. 56 excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 17, 23, 108, Sch. 2 para. 19(6) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
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