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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)A person must not—
(a)publish or distribute an advertisement or information to which this section applies, or
(b)cause such an advertisement or information to be published or distributed.
(2)This section applies to an advertisement indicating that—
(a)the parent or guardian of a child wants the child to be adopted,
(b)a person wants to adopt a child,
(c)a person other than an adoption agency is willing to take any step mentioned in paragraphs (a) to (e), (g) and (h) and (so far as relating to those paragraphs) (i) of section 92(2),
(d)a person other than an adoption agency is willing to receive a child handed over to him with a view to the child’s adoption by him or another, or
(e)a person is willing to remove a child from the United Kingdom for the purposes of adoption.
(3)This section applies to—
(a)information about how to do anything which, if done, would constitute an offence under section 85 or 93, section 11 or 50 of the Adoption (Scotland) Act 1978 (c. 28) or Article 11 or 58 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)) (whether or not the information includes a warning that doing the thing in question may constitute an offence),
(b)information about a particular child as a child available for adoption.
(4)For the purposes of this section and section 124—
(a)publishing or distributing an advertisement or information means publishing it or distributing it to the public and includes doing so by electronic means (for example, by means of the internet),
(b)the public includes selected members of the public as well as the public generally or any section of the public.
(5)Subsection (1) does not apply to publication or distribution by or on behalf of an adoption agency.
(6)The Secretary of State may by order make any amendments of this section which he considers necessary or expedient in consequence of any developments in technology relating to publishing or distributing advertisements or other information by electronic or electro-magnetic means.
(7)References to an adoption agency in this section include a prescribed person outside the United Kingdom exercising functions corresponding to those of an adoption agency, if the functions are being exercised in prescribed circumstances.
“Prescribed” means prescribed by regulations made by the Secretary of State.
(8)Before exercising the power conferred by subsection (6) or (7), the Secretary of State must consult the Scottish Ministers, the Department of Health, Social Services and Public Safety and the Assembly.
(9)In this section—
(a)“adoption agency” includes a Scottish or Northern Irish adoption agency,
(b)references to adoption are to the adoption of persons, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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