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Children Act 1989

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This is the original version (as it was originally enacted).

41In section 45 (adopted children register)—

(a)for the words from “or an approved” in subsection (5) to the end of subsection (6) there shall be substituted—

Board or adoption society falling within subsection (6) which is providing counselling for that adopted person.

(6)Where the Registrar General for Scotland furnishes an adopted person with information under subsection (5), he shall advise that person that counselling services are available—

(a)if the person is in Scotland—

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

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

(iii)from any other local authority in Scotland;

(b)if the person is in England and Wales—

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

(ii)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

(iii)from any other local authority in England and Wales;

(c)if the person 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 the person 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 [1976 c. 36.] Adoption Act 1976; or

(iii)registered under Article 4 of the Adoption (Northern Ireland) Order 1987,

from that society.

(6A)Where an adopted person who is in Scotland—

(a)is furnished with information under subsection (5); or

(b)applies for information under—

(i)section 51(1) of the Adoption Act 1976; or

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

any body mentioned in subsection (6B) to which the adopted person applies for counselling shall have a duty to provide counselling for him.

(6B)The bodies referred to in subsection (6A) are—

(a)any local authority falling within subsection (6)(a); and

(b)any adoption society falling within subsection (6)(d) so far as it is acting as an adoption society in Scotland.;

(b)in subsection (7)—

(i)for the word “under” there shall be substituted “from a local authority, Board or adoption society falling within”;

(ii)for the words “or adoption society which is providing that counselling” there shall be substituted “, Board or adoption society”; and

(iii)after the word “authority” where it second occurs there shall be inserted “, Board”; and

(c)after subsection (9) there shall be inserted the following subsection—

(10)In this section—

  • “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

  • “local authority”, in relation to England and Wales, means the council of a county (other than a metropolitan county), a metropolitan district, a London borough or the Common Council of the City of London.

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