SCHEDULES
SCHEDULE 3Minor and Consequential Amendments
Adoption Act 1958 (7 & 8 Eliz. 2. c. 5)
21
1
For "Adoption Rules" in each place where it occurs there is substituted " rules ".
2
For "infant" and " infants" in each place where they occur there are respectively substituted " child " and " children ".
3
For "registered adoption society" in each place where it occurs there is substituted " approved adoption society ".
4
For " care and possession " in each place where it occurs there is substituted " actual custody ".
22
In section 9(3), for " this Part of this Act " in each place where it occurs there is substituted " the relevant provisions " , and at the end there is inserted—
In this subsection ' the relevant provisions' means this Part, Part III and Part V of this Act and Part I of the Children Act 1975.
23
In section 11(2), for "this Part of this Act" in each place where it occurs there is substituted " the relevant provisions ", and at the end there is inserted—
In this subsection ' the relevant provisions ' means this Part and Parts III and V of this Act and Part I of the Children Act 1975.
24
In section 21(1) for the words from " the form " to the end there is substituted " such form as the Registrar General may by regulations specify ".
25
In section 23(1) for the words from " the form " to the end there is substituted " such form as the Registrar General for Scotland may by regulations specify
26
In section 26(2) after the words " adoption order" there are inserted the words " other than a Convention adoption order ".
27
In section 32—
a
the following subsections are substituted for subsection (1)—
1
The Secretary of State may by regulations prohibit unincorporated bodies from applying for approval under section 4 of the Children Act 1975 (Approval of adoption societies); and he shall not approve any unincorporated body whose application is contrary to regulations made under this subsection.
1A
The Secretary of State may make regulations for any purpose relating to the exercise of its functions by an approved adoption society.
b
in subsection (2), for " (1)" there is substituted " (2) " and for the words from " twenty-five pounds " to the end of the subsection there is substituted the word " £400 ";
c
the following subsection is added after subsection (3)—
4
Regulations under this section may make different provisions in relation to different cases or classes of cases and may exclude certain cases or classes of cases.
28
In section 33—
a
in subsection (1)—
i
for " registered by the authority under this Part of this Act" there is substituted " approved under Part I of the Children Act 1975 ";
ii
for " the exercise of" to the end there is substituted " its own information or that of the Secretary of State ";
b
in subsection (2), for " by statutory declaration" there is substituted " in a manner specified in the notice ".
29
In section 35(6) for the word "six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ".
30
In section 36—
a
in subsection (1) for the words " subsection (2) of section 3 of this Act" there are substituted the words " section 18(1) of the Children Act 1975 "; and
b
for subsection (3), there is substituted the following—
3
A local authority which receives such notice as aforesaid in respect of a child whom the authority know to be in the care of another local authority shall, not more than seven days after the receipt of the notice, inform that other authority in writing that they have received the notice.
31
In section 37—
a
in subsection (1) for the words " subsection (2) of section 3 of this Act" there are substituted the words " section 18(1) of the Children Act 1975 ";
b
the following subsections are substituted for subsection (4)—
4
A protected child ceases to be a protected child—
a
on the appointment of a guardian for him under the Guardianship of Minors Act 1971 ;
b
on the notification to the local authority for the area where the child has his home that the application for an adoption order has been withdrawn;
c
on the making of any of the following orders in respect of the child—
i
an adoption order ;
ii
an order under section 17 of the Children Act 1975 ;
iii
a custodianship order ;
iv
an order under section 42, 43 or 44 of the Matrimonial Causes Act 1973 ; or
d
on his attaining the age of 18,
whichever first occurs.
4A
In relation to Scotland—
a
subsection (4) does not apply ; and
b
a protected child ceases to be a protected child when—
i
the application for an adoption order lapses or is withdrawn ;
ii
the application for an adoption order is granted or otherwise determined :
iii
an order is made awarding custody of the child;
iv
an order is made appointing a guardian of the child ; or
v
the child attains the age of 18.
32
In section 40(6)for the words from the beginning to " that is to say" there are substituted the following words " The particulars referred to in subsection (4) of this section are ".
33
In section 44(2), for the word "six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ".
34
In section 50—
a
in subsection (1), in paragraph (b), for " any consent" there is substituted " any agreement or consent ";
b
in subsection (2), for the word " six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ";
c
in subsection (3), for " adoption society " there is substituted " approved adoption society ".
35
In section 51(2), for the words "fifty pounds " there is substituted the word " £400 ".
36
In section 52(1)—
a
for the words " fifty-three of this Act" there are substituted the words " twenty-five of the Children Act 1975 "; and
b
for the word " six " there is substituted the word " three " and for the words " one hundred pounds " there are substituted the words " £400 ".
37
In section 55, after the words "this Act " there are inserted the words " or Part I of the Children Act 1975 ".
38
For section 56 there is substituted the following section—
56Rules and regulations.
1
Any power to make rules or regulations conferred by this Act on the Lord Chancellor, the Secretary of State, the Registrar General or the Registrar General for Scotland shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
The Registrar General shall not make regulations under section 20A or 21 of this Act except with the approval of the Secretary of State.
3
The Registrar General for Scotland shall not make regulations under section 23 of this Act except with the approval of the Secretary of State.
4
The Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made for the purposes of this Act by the Registrar General for Scotland as if the regulations had been made by a Minister of the Crown.
39
In section 57(1)—
a
for the definition of " adoption order " there is substituted " ' adoption order' means an order under section 1 of this Act or section 8(1) of the Children Act 1975 ; ",
b
there are inserted after the definition of " adoption society " the words " ' approved adoption society' means an adoption society approved under Part I of the Children Act 1975 ; ",
c
after the definition of " body of persons " there are inserted the following definitions—
" child ", except where used to express a relationship, means a person who has not attained the age of 18 ;
" Convention adoption order " has the same meaning as in the Children Act 1975 ;
d
for the definition of " guardian" there is substituted
' guardian ' means—
- a
a person appointed by deed or will in accordance with the provisions of the Guardianship of Infants Acts 1886 and 1925 or the Guardianship of Minors Act 1971 or by a court of competent jurisdiction to be the guardian of the child, and
- b
in the case of an illegitimate child, includes the father where he has custody of the child by virtue of an order under section 9 of the Guardianship of Minors Act 1971, or under section 2 of the Illegitimate Children (Scotland) Act 1930 ;
e
after the definition of " relative" there is inserted the following definition—
" voluntary organisation " means a body other than a public or local authority the activities of which are not carried on for profit.
40
After section 57(1) there is inserted—
1A
In this Act, in relation to Scotland, unless the context otherwise requires " actual custody" means care and possession.