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Adoption (Intercountry Aspects) Act 1999

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This is the original version (as it was originally enacted).

1Regulations giving effect to Convention

This section has no associated Explanatory Notes

(1)Subject to the provisions of this Act, regulations made by the Secretary of State may make provision for giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993 (“the Convention”).

(2)The text of the Convention (so far as material) is set out in Schedule 1 to this Act.

(3)Regulations under this section may—

(a)apply, with or without modifications, any provision of the enactments relating to adoption;

(b)provide that any person who contravenes or fails to comply with any provision of the regulations is to be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both;

(c)make different provision for different purposes or areas; and

(d)make such incidental, supplementary, consequential or transitional provision as appears to the Secretary of State to be expedient.

(4)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Subject to subsection (6), any power to make subordinate legislation under or for the purposes of the enactments relating to adoption includes power to do so with a view to giving effect to the provisions of the Convention.

(6)Subsection (5) does not apply in relation to any power which is exercisable by the National Assembly for Wales.

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