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The Human Fertilisation and Embryology (Parental Orders) Regulations 2010

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Regulation 5

SCHEDULE 4References in Enactments to be read as References to Parental Orders etc.

This schedule has no associated Explanatory Memorandum
Column 1Column 2
1. Schedule 1 to the Marriage Act 1949(1) (kindred and affinity)Any reference to an adoptive relationship (however expressed) is to be read as including a reference to the corresponding relationship arising by virtue of a parental order.
2. Section 37(1) of the Succession (Scotland) Act 1964(2) (exclusion of certain matters from operation of Act)The reference to the 2007 Act is to be read as including a reference to the 2007 Act, as applied with modifications by these Regulations.
3. Section 39E(5) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(3) (abbreviated extracts)

The reference to—

(a)

the Adopted Children Register is to be read as including a reference to the Parental Order Register maintained by the Registrar General under section 53(1) of the 2007 Act, as applied with modifications by these Regulations; and

(b)

adoption is to be read as including a reference to a parental order

4. Section 43(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (recording of baptismal name or change of name or surname)The reference to the Adopted Children Register is to be read as including a reference to the Parental Order Register maintained by the Registrar General under section 53(1) of the 2007 Act, as applied with modifications by these Regulations.
5. Article 37 of the Births and Deaths Registration (Northern Ireland) Order 1976(4) (registration or alteration of child’s name)

The references to the Adoption (Northern Ireland) Order 1987 and the Adopted Children Register maintained by the Registrar General under Article 50 of that Order, are to be read as including a reference to—

(a)

the Adoption (Northern Ireland) Order, as applied with modifications by these Regulations; and

(b)

the Parental Order Register maintained by the Registrar General under Article 50 of that Order, as applied with modifications by these Regulations.

6. Section 65(1)(h) of the Magistrates’ Courts Act 1980(5) (meaning of family proceedings)The reference to the Adoption and Children Act 2002 is to be read as including a reference to any provision of that Act as applied with modifications by regulation 2 of, and Schedule 1 to, these Regulations.

7. Section 1(5)(a) and (5A)(a) of the British Nationality Act 1981(6) (acquisition by birth or adoption)

The reference to an order authorising the adoption of a minor is to be read as including a reference to a parental order in respect of a minor.

The reference to the adopter or, in the case of a joint adoption, one of the adopters is to be read as including a reference to one of the persons who obtained the parental order.

8. Paragraph 3 of Schedule 1 to the Senior Courts Act 1981(7) (Distribution of Business in High Court: Family Division)The reference to causes and matters relating to adoption is to be read as including a reference to proceedings under any provision of the Adoption and Children Act 2002 as applied with modifications by regulation 2 of, and Schedule 1 to, these Regulations.
9. Section 2(5)(a) of the Foster Children (Scotland) Act 1984(8) (exceptions to section 1)The reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of persons who propose to apply for a parental order in respect of that child.
10. Paragraph 5(vii) of Schedule 3 to the Child Abduction and Custody Act 1985(9) (Custody Orders: Scotland)The reference to an adoption order is to be read as including a reference to a parental order.
11. Section 1(1)(b)(x) of the Family Law Act 1986(10) (child custody)The reference to an adoption order is to be read as including a reference to a parental order.

12. Paragraph 5 of Schedule 8 to the Children Act 1989(11) (privately fostered children: exemptions)

The reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of persons who propose to apply for a parental order in respect of that child.

13. Sections 27(2) (meaning of mother) and 28(5)(c) (meaning of father) of the Human Fertilisation and Embryology Act 1990(12)The references to adoption are to be read as including references to a parental order.
14. Section 6(2)(c) and (d), (5) and (7)(b) of the Judicial Pensions and Retirement Act 1993(13) (grant and payment of a children’s pension)

The references to adopted children are to be read as including children in respect of whom a parental order has been made.

The reference to the intention of adopting the child includes a reference to the intention of applying for a parental order in respect of a child.

15. Section 2(1)(d)(iii) of the Civil Evidence (Family Mediation)(Scotland) Act 1995(14) (exceptions to the general rule of inadmissibility)

The reference to an adoption order is to be read as including a reference to a parental order.
16. Paragraph (7)(a) of Article 107 of the Children (Northern Ireland) Order 1995(15) (privately fostered children further defined)The reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of persons who propose to apply for a parental order in respect of that child.
17. Sections 64 and 65 of the Sexual Offences Act 2003(16) (sex with an adult relative: penetration)Any reference to an adoptive relationship (however expressed) is to be read as including a reference to the corresponding relationship arising by virtue of a parental order.
18. Schedule 1 to the Civil Partnership Act 2004(17) (prohibited degrees of relationship: England and Wales)Any reference to an adoptive relationship (however expressed) is to be read as including a reference to the corresponding relationship arising by virtue of a parental order.
19. Section 58(2)(k) of the Local Electoral Administration and Registration Services (Scotland) Act 2006(18) (issuing of other material kept or held by Registrar General)The references to the Adopted Children Register and to any register or book are to be read as including references to the Parental Order Register maintained by the Registrar General under section 53(1) of the 2007 Act and to any register or book maintained in pursuance of section 55(1) of that Act, both as applied with modifications by these Regulations.
20. Sections 33(2) (meaning of mother) and 38(4) (further provision relating to sections 35 and 36) of the 2008 ActThe references to adoption are to be read as including a reference to a parental order.
(1)

1949 c.76; Schedule 1 was substituted by the Civil Partnership Act 2004 (c.4), section 261(1) and Schedule 27, paragraph 17.

(2)

1964 c.41; section 37(1) was amended by the Adoption and Children (Scotland) Act 2007 (asp 4), section 120(1) and schedule 2, paragraph 1(3).

(3)

1965 c.49; section 39E was inserted by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), section 44(5) and amended by S.S.I. 2010/21.

(5)

1980 c.43; section 65(1)(h) was substituted by the Adoption and Children Act 2002 (c.38), section 139(1) and Schedule 3, paragraphs 36 and 37.

(6)

1981 c.61; section 1(5) was substituted by the Adoption (Intercountry Aspects) Act 1999 (c.18), section 7(1); the British Overseas Territories Act 2002 (c.8), section 5 and Schedule 1, paragraph 1(1) and (4); the Adoption and Children Act 2002 (c.38), section 137(3) and (4)(a).

(7)

1984 c.56; section 2(5)(a) was amended by the Adoption and Children (Scotland) Act 2007 (asp 4), section 120(1) and Schedule 2, paragraph 3.

(8)

1981 c.54; paragraph 3 of Schedule 1 was amended by the marriage (Prohibited Degrees of Relationship) Act 1986 (c.16); section 5; the Family Law Act 1986 (c.55), section 68(1) and Schedule 1, paragraph 26; the Children Act 1989 (c.41); sections 92 and 108(5) and (6) and Schedule 11, paragraph 9 and Schedule 13, paragraph 45(3) and Schedule 14, paragraph 1; the Family Law Act 1996 (c.27); section 66(1) and Schedule 8, paragraph 51(a) and (b); the Welfare Reform and Pensions Act 1999 9c.30), section 84(1) and Schedule 12, Part I, paragraph 1; the Civil Partnership Act 2004 (c.33), section 261(1) and Schedule 27, paragraph 70; the Childcare Act 2006 (c.21), section 103(1) and Schedule 2, paragraph 3; and the Forced Marriage (Civil Protection) Act 2007 (c.20), section 3(1) and Schedule 2, Part 1, paragraph 1.

(9)

1985 c.60; paragraph 5(vii) of Schedule 3 was inserted by the Adoption and Children (Scotland) Act 2007 (asp 4), section 120(1) and schedule 2, paragraph 4.

(10)

1986 c.55; section 1(1)(b)(x) was inserted by the by the Adoption and Children (Scotland) Act 2007 (asp 4), section 120(1) and schedule 2, paragraph 5.

(11)

1989 c.41; paragraph 5 of Schedule 8 was amended by the Adoption and Children Act 2002 (c.38), section 139(1) and Schedule 3, paragraphs 54 and 73 and the Children and Adoption Act 2006 (c.20), section 14(3).

(12)

1990 c.37; sections 27 and 28 do not have effect in relation to children carried by women as a result of the placing in them of embryos or of sperm and eggs, or their artificial insemination (as the case may be) on or after 6th April 2009. See section 57(2) of the 2008 Act.

(13)

1993 c.8; section 6(7) was amended by S.I. 2005/3325.

(14)

1995 c.6; section 2(1)(d)(iii) was amended by the Adoption and Children (Scotland) Act 2007 (asp 4), section 120(1) and schedule 2, paragraph 8.

(16)

2003 c.42; sections 64 and 65 were amended by the Criminal Justice and Immigration Act 2008 (c.4), section 73(b) and Schedule 15, paragraphs 2, 5 and 6.

(17)

2004 c.33.

(18)

2006 asp 14; section 58(2)(k) was amended by S.S.I. 2010/21.

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