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Domestic Proceedings and Magistrates' Courts Act 1978

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This is the original version (as it was originally enacted).

Amendments of enactments relating to adoption

72Alteration in age limits for certain orders made on refusal of adoption order

(1)In section 17(1) of the [1975 c. 72.] Children Act 1975 (which enables the court, on the refusal of an adoption order, to make a supervision order or commit the child to the care of a local authority) the words " under the age of 16 " shall be omitted.

(2)In section 26(1) of the [1976 c. 36.] Adoption Act 1976 (which enables the court, on the refusal of an adoption order, to make a supervision order or commit the child to the care of a local authority) the words " under the age of 16 years " shall be omitted.

73Hearing in private of adoption proceedings

(1)In section 21 of the Children Act 1975 (which relates to the hearing in private of proceedings under Part I of that Act)—

(a)in subsection (1) for the word " proceedings" there shall be substituted the words " adoption proceedings " and the words " under this Part " shall be omitted ;

(b)in subsection (2) for the words " all proceedings " there shall be substituted the words " adoption proceedings " and the words " under this Part" shall be omitted;

(c)after subsection (2) there shall be inserted the following subsection—

(2A)In this section " adoption proceedings " means proceedings under this Part or under the [1958 c. 5 (7 & 8 Eliz. 2).] Adoption Act 1958, the [1960 c. 59.] Adoption Act 1960 or the [1968 c. 53.] Adoption Act 1968..

(2)In section 64 of the Adoption Act 1976 (which relates to the hearing in private of certain proceedings under that Act) for the words " Part II, section 29 or section 55 " there shall be substituted the words " this Act ".

74Provisions relating to Convention adoption orders

(1)In section 24 of the Children Act 1975 (which relates to Convention adoption orders) after subsection (8) there shall be inserted the following subsection—

(8A)Section 6(1) of the [1968 c. 53.] Adoption Act 1968 (which relates to the annulment of convention adoptions) shall apply in relation to an adoption effected by a Convention adoption order as it applies in relation to a convention adoption except that an adoption effected by a Convention adoption order may be annulled only by the court which made that order; and section 7(1), (2) and (4) of that Act shall apply accordingly..

(2)In section 53(1) of the [1976 c. 36.] Adoption Act 1976 (which relates to the annulment of regulated adoptions) after the words " regulated adoption " there shall be inserted the words " or an adoption effected by a Convention adoption order ".

(3)In Schedule 3 to the [1975 c. 72.] Children Act 1975 paragraph 26 (which excludes Convention adoption orders from the provisions of the Adoption Act 1958 relating to notification of the revocation of an adoption order) shall be omitted.

(4)In Schedule 1 to the Adoption Act 1976 in paragraph 6 (which relates to the notification to the Registrar General of the revocation of an adoption order) the words " other than a Convention adoption order " shall be omitted.

(5)In section 6(1) of the [1969 c. 22 (N.I.).] Adoption (Hague Convention) Act (Northern Ireland) 1969 after the word " annul" there shall be inserted the words " an adoption effected by a convention adoption order or " ; and in section 7(2) of that Act the words " in respect of a foreign convention adoption " shall be omitted.

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