The Special Restrictions on Adoptions from Abroad (Nepal) Order 2010

Statutory Instruments

2010 No. 951

Children And Young Persons, England And Wales

Children And Young Persons, Northern Ireland

The Special Restrictions on Adoptions from Abroad (Nepal) Order 2010

Made

24th March 2010

Laid before Parliament

29th March 2010

Coming into force

3rd May 2010

The Secretary of State for Children, Schools and Families makes the following Order in exercise of the powers conferred by section 9(4) of the Children and Adoption Act 2006(1):

In accordance with section 9(5)(a) of that Act, he has consulted the Welsh Ministers(2) and, in accordance with section 9(5)(b) of that Act, he has consulted with the Department of Health, Social Services and Public Safety in Northern Ireland:

Citation and commencement

1.  This Order may be cited as the Special Restrictions on Adoptions from Abroad (Nepal) Order 2010 and comes into force on 3rd May 2010.

Declaration of special restrictions

2.  Special restrictions are to apply for the time being in relation to the bringing of children into the United Kingdom from Nepal in the cases mentioned in section 9(2) of the Children and Adoption Act 2006.

Delyth Morgan

Parliamentary Under Secretary of State

Department for Children, Schools and Families

24th March 2010

EXPLANATORY NOTE

(This note is not part of the Order)

Section 9(4) of the Children and Adoption Act 2006 provides for the Secretary of State by order to declare that special restrictions are to apply for the time being to the bringing of children into the United Kingdom from a country or territory outside the British Islands in certain cases involving adoption. Section 11(1) and (2) of that Act provides that those special restrictions are that the appropriate authority is not to take any step which might otherwise have been taken in connection with furthering the bringing in of children in those cases unless the prospective adopters satisfy the appropriate authority that it should take those steps despite the special restrictions.

By article 2 of this Order, the Secretary of State declares that special restrictions are to apply to Nepal.

(1)

2006 c.20.

(2)

By virtue of section 9(5)(a), the Secretary of State must consult with the National Assembly for Wales before making an order under section 9(4). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c.32).