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SCHEDULES

Section 139

SCHEDULE 3U.K.Minor and consequential amendments

The Marriage Act 1949 (c. 76)U.K.

1Section 3 of the Marriage Act 1949 (marriage of person aged under eighteen) is amended as follows.

Commencement Information

I1Sch. 3 para. 1 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

2In subsection (1), for “person or persons specified in subsection (1A) of this section” there is substituted “ appropriate persons ”.

Commencement Information

I2Sch. 3 para. 2 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

3For subsection (1A) there is substituted—

(1A)The appropriate persons are—

(a)if none of paragraphs (b) to (h) apply, each of the following—

(i)any parent of the child who has parental responsibility for him; and

(ii)any guardian of the child;

(b)where a special guardianship order is in force with respect to a child, each of the child’s special guardians, unless any of paragraphs (c) to (g) applies;

(c)where a care order has effect with respect to the child, the local authority designated in the order, and each parent, guardian or special guardian (in so far as their parental responsibility has not been restricted under section 33(3) of the Children Act 1989), unless paragraph (e) applies;

(d)where a residence order has effect with respect to the child, the persons with whom the child lives, or is to live, as a result of the order, unless paragraph (e) applies;

(e)where an adoption agency is authorised to place the child for adoption under section 19 of the Adoption and Children Act 2002, that agency or, where a care order has effect with respect to the child, the local authority designated in the order;

(f)where a placement order is in force with respect to the child, the appropriate local authority;

(g)where a child has been placed for adoption with prospective adopters, the prospective adopters (in so far as their parental responsibility has not been restricted under section 25(4) of the Adoption and Children Act 2002), in addition to those persons specified in paragraph (e) or (f);

(h)where none of paragraphs (b) to (g) apply but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the persons with whom he lived, or was to live, as a result of the order.

Commencement Information

I3Sch. 3 para. 3 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

4For subsection (1B) there is substituted—

(1B)In this section—

Commencement Information

I4Sch. 3 para. 4 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

5In subsection (2), for “The last foregoing subsection” there is substituted “ Subsection (1) ”.

Commencement Information

I5Sch. 3 para. 5 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Births and Deaths Registration Act 1953 (c. 20)U.K.

6In section 10 of the Births and Deaths Registration Act 1953 (registration of father where parents not married)—

(a)in subsection (1)(d)(i), for “a parental responsibility agreement made between them in relation to the child” there is substituted “ any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child ”,

(b)in subsection (1)(d)(ii), for “the Children Act 1989” there is substituted “ that Act ”,

(c)in subsection (3), the words following “the Family Law Reform Act 1987” are omitted.

Commencement Information

I6Sch. 3 para. 6 in force at 1.12.2003 by S.I. 2003/3079, art. 2(2)(b)

7In section 10A of the Births and Deaths Registration Act 1953 (re-registration of father where parents not married)—

(a)in subsection (1)(d)(i), for “a parental responsibility agreement made between them in relation to the child” there is substituted “ any agreement made between them under section 4(1)(b) of the Children Act 1989 in relation to the child ”,

(b)in subsection (1)(d)(ii), for “the Children Act 1989” there is substituted “ that Act ”.

Commencement Information

I7Sch. 3 para. 7 in force at 1.12.2003 by S.I. 2003/3079, art. 2(2)(b)

Prospective

The Sexual Offences Act 1956 (c. 69)U.K.

8In section 28 of the Sexual Offences Act 1956 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen), in subsection (4), the “or” at the end of paragraph (a) is omitted, and after that paragraph there is inserted—

(aa)a special guardianship order under that Act is in force with respect to her and he is not her special guardian; or.

The Health Services and Public Health Act 1968 (c. 46)U.K.

9The Health Services and Public Health Act 1968 is amended as follows.

Commencement Information

I8Sch. 3 para. 9 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

10In section 64 (financial assistance by the Secretary of State to certain voluntary organisations), in subsection (3)(a)(xviii), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.

Commencement Information

I9Sch. 3 para. 10 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

11In section 65 (financial and other assistance by local authorities to certain voluntary organisations), in subsection (3)(b), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.

Commencement Information

I10Sch. 3 para. 11 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Local Authority Social Services Act 1970 (c. 42)U.K.

12The Local Authority Social Services Act 1970 is amended as follows.

Commencement Information

I11Sch. 3 para. 12 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

13In section 7D (default powers of Secretary of State as respects social services functions of local authorities), in subsection (1), after “the Children Act 1989” there is inserted “ section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or the Adoption and Children Act 2002 ”.

Commencement Information

I12Sch. 3 para. 13 in force at 30.12.2005 for E. by S.I. 2005/2213, art. 3(l) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

I13Sch. 3 para. 13 in force at 30.12.2005 for W. by S.I. 2005/3112, art. 2(g)

14In Schedule 1 (enactments conferring functions assigned to social services committee)—

(a)the entry relating to the Adoption Act 1976 is omitted,

(b)in the entry relating to the Children Act 1989, after “Consent to application for residence order in respect of child in care” there is inserted “ Functions relating to special guardianship orders ”,

(c)in the entry relating to the Adoption (Intercountry Aspects) Act 1999—

(i)in the first column, for “Section” there is substituted “ Sections 1 and ”,

(ii)in the second column, for “Article 9(a) to (c) of” there is substituted “ regulations made under section 1 giving effect to ” and at the end there is inserted “ and functions under Article 9(a) to (c) of the Convention ”,

and at the end of the Schedule there is inserted—

Adoption and Children Act 2002Maintenance of Adoption Service; functions of local authority as adoption agency.

Commencement Information

I14Sch. 3 para. 14 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Immigration Act 1971 (c. 77)U.K.

15In section 33(1) of the Immigration Act 1971 (interpretation)—

(a)in the definition of “Convention adoption”, after “1978” there is inserted “ or in the Adoption and Children Act 2002 ”,

(b)in the definition of “legally adopted”, for “section 72(2) of the Adoption Act 1976” there is substituted “ section 87 of the Adoption and Children Act 2002 ”.

Commencement Information

I15Sch. 3 para. 15 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Legitimacy Act 1976 (c. 31)U.K.

16The Legitimacy Act 1976 is amended as follows.

Commencement Information

I16Sch. 3 para. 16 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

17In section 4 (legitimation of adopted child)—

(a)in subsection (1), after “1976” there is inserted “ or section 67 of the Adoption and Children Act 2002 ”,

(b)in subsection (2)—

(i)in paragraph (a), after “39” there is inserted “ or subsection (3)(b) of the said section 67 ”,

(ii)in paragraph (b), after “1976” there is inserted “ or section 67, 68 or 69 of the Adoption and Children Act 2002 ”.

Commencement Information

I17Sch. 3 para. 17 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

18In section 6 (dispositions depending on date of birth), at the end of subsection (2) there is inserted “ or section 69(2) of the Adoption and Children Act 2002 ”.

Commencement Information

I18Sch. 3 para. 18 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Adoption Act 1976 (c. 36)U.K.

19In section 38 of the Adoption Act 1976 (meaning of “adoption” in Part 4), in subsection (2), after “1975” there is inserted “ but does not include an adoption of a kind mentioned in paragraphs (c) to (e) of subsection (1) effected on or after the day which is the appointed day for the purposes of Chapter 4 of Part 1 of the Adoption and Children Act 2002 ”.

Commencement Information

I19Sch. 3 para. 19 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The National Health Service Act 1977 (c. 49)U.K.

F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Adoption (Scotland) Act 1978 (c. 28)U.K.

F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Magistrates’ Courts Act 1980 (c. 43)U.K.

36The Magistrates’ Courts Act 1980 is amended as follows.

Commencement Information

I20Sch. 3 para. 36 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

F337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 3 para. 37 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 3 para. 38 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

39In section 71 (newspaper reports of family proceedings)—

(a)in subsection (1), “(other than proceedings under the Adoption Act 1976)” is omitted,

(b)in subsection (2)—

F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the words following “(a) and (b)” are omitted.

Textual Amendments

F5Sch. 3 para. 39(b)(i) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I21Sch. 3 para. 39 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

40In Part 1 of Schedule 6 (fees to be taken by justices’ chief executives), in the entry relating to family proceedings—

(a)for “the Adoption Act 1976, except under section 21 of that Act”, there is substituted “ the Adoption and Children Act 2002, except under section 23 of that Act ”,

(b)in paragraph (c), for “section 21 of the Adoption Act 1976” there is substituted “ section 23 of the Adoption and Children Act 2002 ”.

Commencement Information

I22Sch. 3 para. 40 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Mental Health Act 1983 (c. 20)U.K.

41In section 28 of the Mental Health Act 1983 (nearest relative of minor under guardianship, etc.), in subsection (3), after “ “guardian”” there is inserted “ includes a special guardian (within the meaning of the Children Act 1989), but ”.

Commencement Information

I23Sch. 3 para. 41 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Child Abduction Act 1984 (c. 37)U.K.

42(1)Section 1 of the Child Abduction Act 1984 (offence of abduction of child by parent, etc.) is amended as follows.

(2)In subsection (2), after paragraph (c) there is inserted—

(ca)he is a special guardian of the child; or.

(3)In subsection (3)(a), after sub-paragraph (iii) there is inserted—

(iiia)any special guardian of the child;.

(4)In subsection (4), for paragraphs (a) and (b) there is substituted—

(a)he is a person in whose favour there is a residence order in force with respect to the child, and he takes or sends the child out of the United Kingdom for a period of less than one month; or

(b)he is a special guardian of the child and he takes or sends the child out of the United Kingdom for a period of less than three months.

(5)In subsection (5A), the “or” at the end of sub-paragraph (i) of paragraph (a) is omitted, and after that sub-paragraph there is inserted—

(ia)who is a special guardian of the child; or.

(6)In subsection (7)(a), after “ “guardian of a child,”” there is inserted “ “special guardian,” ”.

Commencement Information

I24Sch. 3 para. 42 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

43(1)The Schedule to that Act (modifications of section 1 for children in certain cases) is amended as follows.U.K.

(2)In paragraph 3 (adoption and custodianship), for sub-paragraphs (1) and (2) there is substituted—

(1)This paragraph applies where—

(a)a child is placed for adoption by an adoption agency under section 19 of the Adoption and Children Act 2002, or an adoption agency is authorised to place the child for adoption under that section; or

(b)a placement order is in force in respect of the child; or

(c)an application for such an order has been made in respect of the child and has not been disposed of; or

(d)an application for an adoption order has been made in respect of the child and has not been disposed of; or

(e)an order under section 84 of the Adoption and Children Act 2002 (giving parental responsibility prior to adoption abroad) has been made in respect of the child, or an application for such an order in respect of him has been made and has not been disposed of.

(2)Where this paragraph applies, section 1 of this Act shall have effect as if—

(a)the reference in subsection (1) to the appropriate consent were—

(i)in a case within sub-paragraph (1)(a) above, a reference to the consent of each person who has parental responsibility for the child or to the leave of the High Court;

(ii)in a case within sub-paragraph (1)(b) above, a reference to the leave of the court which made the placement order;

(iii)in a case within sub-paragraph (1)(c) or (d) above, a reference to the leave of the court to which the application was made;

(iv)in a case within sub-paragraph (1)(e) above, a reference to the leave of the court which made the order or, as the case may be, to which the application was made;

(b)subsection (3) were omitted;

(c)in subsection (4), in paragraph (a), for the words from “in whose favour” to the first mention of “child” there were substituted “who provides the child’s home in a case falling within sub-paragraph (1)(a) or (b) of paragraph 3 of the Schedule to this Act”; and

(d)subsections (4A), (5), (5A) and (6) were omitted.

(3)In paragraph 5 (interpretation), in sub-paragraph (a), for the words from “and “adoption order”” to the end there is substituted “ , “adoption order”, “placed for adoption by an adoption agency” and “placement order” have the same meaning as in the Adoption and Children Act 2002; and ”.

Commencement Information

I25Sch. 3 para. 43 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

Prospective

The Matrimonial and Family Proceedings Act 1984 (c. 42)U.K.

F644. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 3 para. 44 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa)

The Child Abduction and Custody Act 1985 (c. 60)U.K.

45In Schedule 3 to the Child Abduction and Custody Act 1985 (custody orders), in paragraph 1, the “and” at the end of paragraph (b) is omitted and after that paragraph there is inserted—

(bb)a special guardianship order (within the meaning of the Act of 1989); and,

and paragraph (c)(v) is omitted.

Commencement Information

I26Sch. 3 para. 45 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Family Law Act 1986 (c. 55)U.K.

46The Family Law Act 1986 is amended as follows.

Commencement Information

I27Sch. 3 para. 46 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

47In section 1 (orders to which Part 1 applies), in subsection (1), after paragraph (a) there is inserted—

(aa)a special guardianship order made by a court in England and Wales under the Children Act 1989;

(ab)an order made under section 26 of the Adoption and Children Act 2002 (contact), other than an order varying or revoking such an order.

Commencement Information

I28Sch. 3 para. 47 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

48In section 2 (jurisdiction: general), after subsection (2) there is inserted—

(2A)A court in England and Wales shall not have jurisdiction to make a special guardianship order under the Children Act 1989 unless the condition in section 3 of this Act is satisfied.

(2B)A court in England and Wales shall not have jurisdiction to make an order under section 26 of the Adoption and Children Act 2002 unless the condition in section 3 of this Act is satisfied.

Commencement Information

I29Sch. 3 para. 48 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

49In section 57 (declarations as to adoptions effected overseas)—

(a)for subsection (1)(a) there is substituted—

(a)a Convention adoption, or an overseas adoption, within the meaning of the Adoption and Children Act 2002, or,

(b)in subsection (2)(a), after “1976” there is inserted “ or section 67 of the Adoption and Children Act 2002 ”.

Commencement Information

I30Sch. 3 para. 49 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Family Law Reform Act 1987 (c. 42)U.K.

50The Family Law Reform Act 1987 is amended as follows.

Commencement Information

I31Sch. 3 para. 50 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

51In section 1 (general principle), for paragraph (c) of subsection (3) there is substituted—

(c)is an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002.

Commencement Information

I32Sch. 3 para. 51 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

52In section 19 (dispositions of property), in subsection (5), after “1976” there is inserted “ or section 69 of the Adoption and Children Act 2002 ”.

Commencement Information

I33Sch. 3 para. 52 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))U.K.

53In Article 2(2) (interpretation), in the definition of “prescribed”, for “Articles 54” there is substituted “ Articles 53(3B) and (3D), 54 ”.

Commencement Information

I34Sch. 3 para. 53 in force at 3.2.2003 by S.I. 2003/288, art. 2(a)

The Children Act 1989 (c. 41)U.K.

54The Children Act 1989 is amended as follows.

Commencement Information

I35Sch. 3 para. 54 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

55In section 8 (residence, contact and other orders with respect to children), in subsection (4), for paragraph (d) there is substituted—

(d)the Adoption and Children Act 2002;.

Commencement Information

I36Sch. 3 para. 55 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

56In section 10 (power of court to make section 8 orders)—

(a)in subsection (4)(a), for “or guardian” there is substituted “ , guardian or special guardian ”,

(b)after subsection (4)(a) there is inserted—

(aa)any person who by virtue of section 4A has parental responsibility for the child;,

(c)after subsection (5) there is inserted—

(5A)A local authority foster parent is entitled to apply for a residence order with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application.,

(d)after subsection (7) there is inserted—

(7A)If a special guardianship order is in force with respect to a child, an application for a residence order may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave.

Commencement Information

I37Sch. 3 para. 56 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

57In section 12 (residence orders and parental responsibility), in subsection (3)—

(a)paragraph (a) is omitted,

(b)in paragraph (b), for “section 55 of the Act of 1976” there is substituted “ section 84 of the Adoption and Children Act 2002 ”.

Commencement Information

I38Sch. 3 para. 57 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

58In section 16 (family assistance orders), in subsection (2)(a), for “or guardian” there is substituted “ , guardian or special guardian ”.

Commencement Information

I39Sch. 3 para. 58 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

59In section 20 (provision of accommodation for children: general), in subsection (9), the “or” at the end of paragraph (a) is omitted and after that paragraph there is inserted—

(aa)who is a special guardian of the child; or.

Commencement Information

I40Sch. 3 para. 59 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

60In section 24 (persons qualifying for advice and assistance)—

(a)for subsection (1) there is substituted—

(1)In this Part “a person qualifying for advice and assistance” means a person to whom subsection (1A) or (1B) applies.

(1A)This subsection applies to a person—

(a)who has reached the age of sixteen but not the age of twenty-one;

(b)with respect to whom a special guardianship order is in force (or, if he has reached the age of eighteen, was in force when he reached that age); and

(c)who was, immediately before the making of that order, looked after by a local authority.

(1B)This subsection applies to a person to whom subsection (1A) does not apply, and who—

(a)is under twenty-one; and

(b)at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered.,

(b)in subsection (2), for “subsection (1)(b)” there is substituted “ subsection (1B)(b) ”,

(c)in subsection (5), before paragraph (a) there is inserted—

(za)in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the Secretary of State;.

Commencement Information

I41Sch. 3 para. 60 in force at 7.12.2004 for specified purposes by S.I. 2004/3203, art. 2(1)(m)(x)

I42Sch. 3 para. 60 in force at 30.12.2005 in so far as not already in force by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

61In section 24A (advice and assistance for qualifying persons)—

(a)in subsection (2)(b), after “a person” there is inserted “ to whom section 24(1A) applies, or to whom section 24(1B) applies and ”,

(b)in subsection (3)(a), after “if” there is inserted “ he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and ”.

Commencement Information

I43Sch. 3 para. 61 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

62In section 24B (assistance with employment, education and training), in each of subsections (1) and (3)(b), after “of” there is inserted “ section 24(1A) or ”.

Commencement Information

I44Sch. 3 para. 62 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

63In section 33 (effect of care order)—

(a)in subsection (3)(b), for “a parent or guardian of the child” there is substituted

(i)a parent, guardian or special guardian of the child; or

(ii)a person who by virtue of section 4A has parental responsibility for the child,,

(b)in subsection (5), for “a parent or guardian of the child who has care of him” there is substituted “ a person mentioned in that provision who has care of the child ”,

(c)in subsection (6)(b)—

(i)sub-paragraph (i) is omitted,

(ii)in sub-paragraph (ii), for “section 55 of the Act of 1976” there is substituted “ section 84 of the Adoption and Children Act 2002 ”,

(d)in subsection (9), for “a parent or guardian of the child” there is substituted “ a person mentioned in that provision ”.

Commencement Information

I45Sch. 3 para. 63 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

64In section 34 (parental contact etc. with children in care)—

(a)in subsection (1)(b), after “guardian” there is inserted “ or special guardian ”, and

(b)after subsection (1)(b) there is inserted—

(ba)any person who by virtue of section 4A has parental responsibility for him;.

Commencement Information

I46Sch. 3 para. 64 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

65In section 80 (inspection of children’s homes by persons authorised by Secretary of State), in subsection (1), paragraphs (e) and (f) are omitted.

Commencement Information

I47Sch. 3 para. 65 in force at 30.12.2005 for W. by S.I. 2005/3112, art. 2(g)

I48Sch. 3 para. 65 in force at 30.12.2005 for E. by S.I. 2005/2213, art. 3(l) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

Prospective

66In section 81 (inquiries), in subsection (1), paragraph (b) is omitted.

67In section 88 (amendments of adoption legislation), subsection (1) is omitted.

Commencement Information

I49Sch. 3 para. 67 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

68In section 91 (effect and duration of orders, etc.)—

(a)after subsection (5) there is inserted—

(5A)The making of a special guardianship order with respect to a child who is the subject of—

(a)a care order; or

(b)an order under section 34,

discharges that order.,

(b)in subsection (7), after “4(1)” there is inserted “ 4A(1) ”,

(c)in subsection (8)(a), after “4” there is inserted “ or 4A ”.

Commencement Information

I50Sch. 3 para. 68 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

69In section 102 (power of constable to assist in exercise of certain powers to search for children or inspect premises), in subsection (6), paragraph (c) is omitted.

Commencement Information

I51Sch. 3 para. 69 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

70In section 105 (interpretation), in subsection (1)—

(a)in the definition of “adoption agency”, for “section 1 of the Adoption Act 1976” there is substituted “ section 2 of the Adoption and Children Act 2002 ”,

(b)at the appropriate place there is inserted—

section 31A plan” has the meaning given by section 31A(6);,

(c)in the definition of “parental responsibility agreement”, for “section 4(1)” there is substituted “ sections 4(1) and 4A(2) ”,

(d)the definition of “protected child” is omitted,

(e)after the definition of “special educational needs” there is inserted—

special guardian” and “special guardianship order” have the meaning given by section 14A;.

Commencement Information

I52Sch. 3 para. 70 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

71In Schedule 1 (financial provision for children)—

(a)in paragraph 1 (orders for financial relief against parents)—

(i)in sub-paragraph (1), for “or guardian” there is substituted “ , guardian or special guardian ”, and

(ii)in sub-paragraph (6), after “order” there is inserted “ or a special guardianship order ”,

(b)in paragraph 6 (variation etc of orders for periodical payments), in sub-paragraph (8), after “guardian” there is inserted “ or special guardian ”,

(c)in paragraph 8 (financial relief under other enactments), in sub-paragraph (1) and in sub-paragraph (2)(b), after “residence order” there is inserted “ or a special guardianship order ”,

(d)in paragraph 14 (financial provision for child resident in country outside England and Wales), in sub-paragraph (1)(b), after “guardian” there is inserted “ or special guardian ”.

Commencement Information

I53Sch. 3 para. 71 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

72In Schedule 2, in paragraph 19 (arrangements by local authorities to assist children to live abroad)—

(a)in sub-paragraph (4) (arrangements to assist children to live abroad), after “guardian,” there is inserted “ special guardian, ”,

(b)in sub-paragraph (6), for the words from the beginning to “British subject)” there is substituted “ Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) ”,

(c)after sub-paragraph (8) there is inserted—

(9)This paragraph does not apply to a local authority placing a child for adoption with prospective adopters.

Commencement Information

I54Sch. 3 para. 72 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

73In Schedule 8 (privately fostered children), in paragraph 5, for sub-paragraphs (a) and (b) there is substituted he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of—

(a)section 2 of the Adoption and Children Act 2002;

(b)section 1 of the Adoption (Scotland) Act 1978; or

(c)Article 3 of the Adoption (Northern Ireland) Order 1987.

Commencement Information

I55Sch. 3 para. 73 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

74Part 1 of Schedule 10 is omitted.

Commencement Information

I56Sch. 3 para. 74 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

F775. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 3 para. 75 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

The Human Fertilisation and Embryology Act 1990 (c. 37)U.K.

76The Human Fertilisation and Embryology Act 1990 is amended as follows.

Commencement Information

I57Sch. 3 para. 76 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

77In section 27 (meaning of mother), in subsection (2), for “child of any person other than the adopter or adopters” there is substituted “ woman’s child ”.

Commencement Information

I58Sch. 3 para. 77 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

78In section 28 (meaning of father), in subsection (5)(c), for “child of any person other than the adopter or adopters” there is substituted “ man’s child ”.

Commencement Information

I59Sch. 3 para. 78 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

Prospective

79In section 30 (parental orders in favour of gamete donors), in subsection (10) for “Adoption Act 1976” there is substituted “ Adoption and Children Act 2002 ”.

The Courts and Legal Services Act 1990 (c. 41)U.K.

80In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: supplementary), in subsection (2), for paragraph (b) there is substituted—

(b)the Adoption and Children Act 2002;.

Commencement Information

I60Sch. 3 para. 80 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Child Support Act 1991 (c. 48)U.K.

81In section 26 of the Child Support Act 1991 (disputes about parentage), in subsection (3), after “1976” there is inserted “ or Chapter 4 of Part 1 of the Adoption and Children Act 2002 ”.

Commencement Information

I61Sch. 3 para. 81 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3) and with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Children (Scotland) Act 1995 (c. 36)U.K.

82Section 86 of the Children (Scotland) Act 1995 (parental responsibilities order: general) is amended as follows.

Commencement Information

I62Sch. 3 para. 82 in force at 30.12.2005 by S.S.I. 2005/643, art. 2(c)

83In subsection (3), in paragraph (a), for “section 18 (freeing for adoption) or 55 (adoption abroad) of the Adoption Act 1976” there is substituted “ section 19 (placing children with parental consent) or 84 (giving parental responsibility prior to adoption abroad) of the Adoption and Children Act 2002 ”.

Commencement Information

I63Sch. 3 para. 83 in force at 30.12.2005 by S.S.I. 2005/643, art. 2(c)

F884. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Family Law Act 1996 (c. 27)U.K.

85The Family Law Act 1996 is amended as follows.

Commencement Information

I64Sch. 3 para. 85 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

86In section 62 (meaning of “relevant child” etc.)—

(a)in subsection (2), in paragraph (b), after “the Adoption Act 1976” there is inserted “ , the Adoption and Children Act 2002 ”,

(b)in subsection (5), for the words from “has been freed” to “1976” there is substituted “ falls within subsection (7) ”.

Commencement Information

I65Sch. 3 para. 86 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

87At the end of that section there is inserted—

(7)A child falls within this subsection if—

(a)an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002, has power to place him for adoption under section 19 of that Act (placing children with parental consent) or he has become the subject of an order under section 21 of that Act (placement orders), or

(b)he is freed for adoption by virtue of an order made—

(i)in England and Wales, under section 18 of the Adoption Act 1976,

(ii)in Scotland, under section 18 of the Adoption (Scotland) Act 1978, or

(iii)in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987.

Commencement Information

I66Sch. 3 para. 87 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

88In section 63 (interpretation of Part 4)—

(a)in subsection (1), for the definition of “adoption order”, there is substituted—

adoption order” means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002;,

(b)in subsection (2), after paragraph (h) there is inserted—

(i)the Adoption and Children Act 2002.

Commencement Information

I67Sch. 3 para. 88 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Housing Act 1996 (c. 52)U.K.

89Section 178 of the Housing Act 1996 (meaning of associated person) is amended as follows.

Commencement Information

I68Sch. 3 para. 89 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

90In subsection (2), for the words from “has been freed” to “1976” there is substituted “ falls within subsection (2A) ”.

Commencement Information

I69Sch. 3 para. 90 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

91After that subsection there is inserted—

(2A)A child falls within this subsection if—

(a)an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002, is authorised to place him for adoption under section 19 of that Act (placing children with parental consent) or he has become the subject of an order under section 21 of that Act (placement orders), or

(b)he is freed for adoption by virtue of an order made—

(i)in England and Wales, under section 18 of the Adoption Act 1976,

(ii)in Scotland, under section 18 of the Adoption (Scotland) Act 1978, or

(iii)in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987.

Commencement Information

I70Sch. 3 para. 91 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

92In subsection (3), for the definition of “adoption order”, there is substituted—

adoption order” means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002;.

Commencement Information

I71Sch. 3 para. 92 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Police Act 1997 (c. 50)U.K.

93[F9In section 115 of the Police Act 1997 (enhanced criminal records), in subsection (5)(h), for “section 11 of the Adoption Act 1976” there is substituted “ section 2 of the Adoption and Children Act 2002 ”.]

Textual Amendments

Commencement Information

I72Sch. 3 para. 93 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

Prospective

The Protection of Children Act 1999 (c. 14)U.K.

94In section 2B of the Protection of Children Act 1999 (individuals named in the findings of certain inquiries), in subsection (7), after paragraph (a) there is inserted—

(vi)section 17 of the Adoption and Children Act 2002;.

The Adoption (Intercountry Aspects) Act 1999 (c. 18)U.K.

95The following provisions of the Adoption (Intercountry Aspects) Act 1999 cease to have effect in relation to England and Wales: sections 3, 6, 8, 9 and 11 to 13.

Commencement Information

I73Sch. 3 para. 95 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

96Section 2 of that Act (accredited bodies) is amended as follows.

Commencement Information

I74Sch. 3 para. 96 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

97In subsection (2A)—

(a)for the words from the beginning to “2000” there is substituted “ A registered adoption society ”,

(b)for “agency” there is substituted “ society ”.

Commencement Information

I75Sch. 3 para. 97 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

98For subsection (5) there is substituted—

(5)In this section, “registered adoption society” has the same meaning as in section 2 of the Adoption and Children Act 2002 (basic definitions); and expressions used in this section in its application to England and Wales which are also used in that Act have the same meanings as in that Act.

Commencement Information

I76Sch. 3 para. 98 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

99In subsection (6)—

(a)the words “in its application to Scotland” are omitted,

(b)after “expressions” there is inserted “ used in this section in its application to Scotland ”.

Commencement Information

I77Sch. 3 para. 99 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

Prospective

100Section 14 (restriction on bringing children into the United Kingdom for adoption) is omitted.

101In section 16(1) (devolution: Wales), the words “, or section 17 or 56A of the 1976 Act,” are omitted.

Commencement Information

I78Sch. 3 para. 101 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Access to Justice Act 1999 (c. 22)U.K.

F10102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 3 para. 102 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

The Care Standards Act 2000 (c. 14)U.K.

103The Care Standards Act 2000 is amended as follows.

Commencement Information

I79Sch. 3 para. 103 in force at 25.2.2003 for specified purposes for E. by S.I. 2003/366, art. 2(1)(b)

I80Sch. 3 para. 103 in force at 30.4.2003 for specified purposes for E. by S.I. 2003/366, art. 2(4)(b)(c)

I81Sch. 3 para. 103 in force at 28.11.2003 for specified purposes for W. by S.I. 2003/3079, art. 2(1)(b)

I82Sch. 3 para. 103 in force at 30.12.2005 in so far as not already in force by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

104In section 4 (basic definitions), in subsection (7), for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”.

Commencement Information

I83Sch. 3 para. 104 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

105At the end of section 5 (registration authorities) there is inserted—

(2)This section is subject to section 36A.

Commencement Information

I84Sch. 3 para. 105 in force at 25.2.2003 for specified purposes for E. by S.I. 2003/366, art. 2(1)(b)

I85Sch. 3 para. 105 in force at 30.4.2003 for E. in so far as not already in force by S.I. 2003/366, art. 2(4)(b)

I86Sch. 3 para. 105 in force at 28.11.2003 for W. by S.I. 2003/3079, art. 2(1)(b)

106In section 11 (requirement to register), in subsection (3), for “reference in subsection (1) to an agency does” there is substituted “ references in subsections (1) and (2) to an agency do ”.

Commencement Information

I87Sch. 3 para. 106 in force at 25.2.2003 for specified purposes for E. by S.I. 2003/366, art. 2(1)(b)

I88Sch. 3 para. 106 in force at 30.4.2003 for E. in so far as not already in force by S.I. 2003/366, art. 2(4)(b)

I89Sch. 3 para. 106 in force at 28.11.2003 for W. by S.I. 2003/3079, art. 2(1)(b)

107In section 14 (2) (offences conviction of which may result in cancellation of registration), for paragraph (d) there is substituted—

(d)an offence under regulations under section 1(3) of the Adoption (Intercountry Aspects) Act 1999,

(e)an offence under the Adoption and Children Act 2002 or regulations made under it.

Commencement Information

I90Sch. 3 para. 107 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

108In section 16(2) (power to make regulations providing that no application for registration may be made in respect of certain agencies which are unincorporated bodies), “or a voluntary adoption agency” is omitted.

Commencement Information

I91Sch. 3 para. 108 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

109In section 22(10) (disapplication of power to make regulations in the case of voluntary adoption agencies), at the end there is inserted. “ or adoption support agencies ”

Commencement Information

I92Sch. 3 para. 109 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

110In section 23 (standards), at the end of subsection (4)(d) there is inserted “or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or section 9 of the Adoption and Children Act 2002”.

Commencement Information

I93Sch. 3 para. 110 in force at 30.4.2003 for specified purposes for E. by S.I. 2003/366, art. 2(4)(c)

I94Sch. 3 para. 110 in force at 28.11.2003 for specified purposes for W. by S.I. 2003/3079, art. 2(1)(b)

I95Sch. 3 para. 110 in force at 30.12.2005 in so far as not already in force by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

111In section 31 (inspections by authorised persons), in subsection (3)(b), for “section 9(2) of the Adoption Act 1976” there is substituted “ section 9 of the Adoption and Children Act 2002 ”.

Commencement Information

I96Sch. 3 para. 111 in force at 30.12.2005 for E. by S.I. 2005/2213, art. 3(l) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

I97Sch. 3 para. 111 in force at 30.12.2005 for W. by S.I. 2005/3112, art. 2(g)

112In section 43 (introductory), in subsection (3)(a)—

(a)for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”,

(b)after “children” there is inserted “ or the provision of adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002) ”.

Commencement Information

I98Sch. 3 para. 112 in force at 30.12.2005 for E. by S.I. 2005/2213, art. 3(l) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

I99Sch. 3 para. 112 in force at 30.12.2005 for W. by S.I. 2005/3112, art. 2(g)

113In section 46 (inspections: supplementary), in subsection (7)(c), for “section 9(3) of the Adoption Act 1976” there is substituted “ section 9 of the Adoption and Children Act 2002 ”.

Commencement Information

I100Sch. 3 para. 113 in force at 30.12.2005 for E. by S.I. 2005/2213, art. 3(l) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

I101Sch. 3 para. 113 in force at 30.12.2005 for W. by S.I. 2005/3112, art. 2(g)

114In section 48 (regulation of fostering functions), at the end of subsection (1) there is inserted—

(f)as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of such functions.

Commencement Information

I102Sch. 3 para. 114 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

115In section 55(2)(b) (definition of “social care worker”), for “or a voluntary adoption agency” there is substituted “ , a voluntary adoption agency or an adoption support agency ”.

Commencement Information

I103Sch. 3 para. 115 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

116In section 121 (general interpretation)—

(a)in subsection (1), in the definition of “voluntary organisation”, for “the Adoption Act 1976” there is substituted “ the Adoption and Children Act 2002 ”,

(b)in subsection (13), in the appropriate place in the table there is inserted— “ Adoption support agency Section 4 ”.

Commencement Information

I104Sch. 3 para. 116 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

117In Schedule 4 (minor and consequential amendments), paragraph 27(b) is omitted.

Commencement Information

I105Sch. 3 para. 117 in force at 30.12.2005 by S.I. 2005/2213, art. 2(o) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

The Criminal Justice and Court Services Act 2000 (c. 43)U.K.

118In section 12(5) of the Criminal Justice and Court Services Act 2000 (meaning of “family proceedings” in relation to CAFCASS), paragraph (b) (supervision orders under the 1989 Act) and the preceding “and” are omitted.

Commencement Information

I106Sch. 3 para. 118 in force at 28.11.2003 by S.I. 2003/3079, art. 2(1)(c)