The Adoption and Children Act 2002 (Commencement No.3) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order is the third Commencement Order made under the Adoption and Children Act 2002 (“the Act”).

This Order brings section 16(1) to (4) of the Act into force on 25th February 2003, and the remainder of the section on 30th April 2003, as respects England, in relation to the functions conferred on registration authorities under Part II of the Care Standards Act 2000 and under the Adoption Act 1976 (article 2(1) and (4)). Section 16 amends the Care Standards Act 2000 and the effect is to enable the registration of voluntary adoption agencies under Part II of that Act.

Article 2(2) of this Order brings into force on 10th March 2003 as respects England and for the purposes of making regulations in respect of adoption support services, paragraph 3 of Schedule 4 to the Act. Article 2(6) brings paragraph 3 of Schedule 4 fully into force as respects England on 6th October 2003.

Article 2(3) of this Order brings into force on 1st April 2003 as respects England and Wales, paragraph 12 of Schedule 4 to the Act for the purposes of making regulations in respect of bringing children into the United Kingdom.

Article 2(5) of this Order brings into force on 1st June 2003 as respects England and Wales—

section 87(1)(b) and (4) of the Act. The effect is to exclude Convention adoptions from falling within the definition of “overseas adoptions” for the purposes of the 1976 Act;

section 135 of the Act. That section amends the Police Act 1997 (c. 50) in relation to criminal records as respects adoption and fostering;

paragraphs 10, 11(a), 12 (except in so far as it inserts subsections (9) and (10) into section 56A of the Adoption Act 1976) and 13 of Schedule 4 to the Act. These provisions relate to adoptions with a foreign element;

paragraph 14 of Schedule 4 to the Act amends section 58 of the Adoption Act 1976 (which provides for restrictions on the publication of advertisements) so that publishing an advertisement includes doing so by electronic means.