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Children Act 1989

Status:

This is the original version (as it was originally enacted).

20(1)In section 51 (disclosure of birth records of adopted children), in subsection (1) for the words “subsections (4) and (6)” there shall be substituted “what follows”.

(2)For subsections (3) to (7) of that section there shall be substituted—

(3)Before supplying any information to an applicant under subsection (1), the Registrar General shall inform the applicant that counselling services are available to him—

(a)if he is in England and Wales—

(i)at the General Register Office;

(ii)from the local authority in whose area he is living;

(iii)where the adoption order relating to him was made in England and Wales, from the local authority in whose area the court which made the order sat; or

(iv)from any other local authority;

(b)if he is in Scotland—

(i)from the regional or islands council in whose area he is living;

(ii)where the adoption order relating to him was made in Scotland, from the council in whose area the court which made the order sat; or

(iii)from any other regional or islands council;

(c)if he is in Northern Ireland—

(i)from the Board in whose area he is living;

(ii)where the adoption order relating to him was made in Northern Ireland, from the Board in whose area the court which made the order sat; or

(iii)from any other Board;

(d)if he is in the United Kingdom and his adoption was arranged by an adoption society—

(i)approved under section 3,

(ii)approved under section 3 of the [1978 c. 28.] Adoption (Scotland) Act 1978,

(iii)registered under Article 4 of the [S.I. 1987/2203 (N.I. 22).] Adoption (Northern Ireland) Order 1987,

from that society.

(4)Where an adopted person who is in England and Wales—

(a)applies for information under —

(i)subsection (1), or

(ii)Article 54 of the Adoption (Northern Ireland) Order 1987, or

(b)is supplied with information under section 45 of the Adoption (Scotland) Act 1978,

it shall be the duty of the persons and bodies mentioned in subsection (5) to provide counselling for him if asked by him to do so.

(5)The persons and bodies are—

(a)the Registrar General;

(b)any local authority falling within subsection (3)(a)(ii) to (iv);

(c)any adoption society falling within subsection (3)(d) in so far as it is acting as an adoption society in England and Wales.

(6)If the applicant chooses to receive counselling from a person or body falling within subsection (3), the Registrar General shall send to the person or body the information to which the applicant is entitled under subsection (1).

(7)Where a person—

(a)was adopted before 12th November 1975, and

(b)applies for information under subsection (1),

the Registrar General shall not supply the information to him unless he has attended an interview with a counsellor arranged by a person or body from whom counselling services are available as mentioned in subsection (3).

(8)Where the Registrar General is prevented by subsection (7) from supplying information to a person who is not living in the United Kingdom, he may supply the information to any body which—

(a)the Registrar General is satisfied is suitable to provide counselling to that person, and

(b)has notified the Registrar General that it is prepared to provide such counselling.

(9)In this section—

  • “a Board” means a Health and Social Services Board established under Article 16 of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972; and

  • “prescribed” means prescribed by regulations made by the Registrar General.

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