The Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005

Hague Convention cases in progress on the appointed day

6.—(1) In relation to a case that is still in progress on the appointed day the general rule is that any action or decision taken before the appointed day under a provision of the Hague Convention Regulations shall, on or after the appointed day, be treated as if it were an action or decision taken under the corresponding provision of Part 3 of the Foreign Element Regulations.

(2) That rule is subject to the following exceptions.

(3) Where, before the appointed day, an adoption panel has considered—

(a) whether or not adoption by a person habitually resident in a Convention country(1) outside the British Islands is in the best interests of the child; or

(b) whether a prospective adopter is suitable to adopt a child,

and no decision on that question has been made by the adoption agency before the appointed day, the Hague Convention Regulations shall continue to apply for the purposes of making that decision.

(4) Where an adoption agency is minded to make a decision under the Hague Convention Regulations (whether before the appointed day or, by virtue of paragraph (3), on or after that day) as to whether a prospective adopter is suitable to adopt a child, the Hague Convention Regulations and the Independent Review of Determinations (Adoption) Regulations 2004 shall continue to apply for the purposes of making representations or reviewing any qualifying determination in relation to that decision and the periods of 28 days and 7 days specified in regulation 10 of the Hague Convention Regulations shall be increased to 40 working days and 10 working days respectively.

(1)

See section 144(1) of the 2002 Act.