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Adoption and Children Act 2002

Section 86: Power to modify sections 83 and 85

224.Subsection (1) provides a power to provide by regulations that section 83 does not apply to natural parents, natural relatives, guardians or a partner of the parent of the child. Subsection (1) also enables conditions to be prescribed which would need to be met for a group to be excluded from the application of section 83.  Different provision can be made in relation to different cases.

225.Subsection (2) provides a power to provide that section 85(1) applies with modification or does not apply if the prospective adopters are parents, relatives, guardians (or one of them is) or the prospective adopter is a partner of a parent of the child.  Again, subsection (2) enables conditions to be prescribed which would need to be met for a group to be excluded from the application of section 85 or for section 85 to be modified in relation to that group. Different provision can also be made in relation to different cases.

226.Subsection (3) provides that the first set of regulations to be made under section 86 are to be subject to the affirmative resolution procedure.  Under subsection (4) regulations under the new section will be made by the Secretary of State in consultation with the National Assembly for Wales.

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