Adoption Act 1976

66 Rules of procedure. E+W

(1) Rules in regard to any matter to be prescribed under this Act and dealing generally with all matters of procedure and incidental matters arising out of this Act and for carrying this Act into effect shall be made by the Lord Chancellor.

(2) Subsection (1) does not apply in relation to proceedings before magistrates’ courts, but the power to make rules conferred by [F1 section 144 of the M1 Magistrates’ Courts Act 1980] shall include power to make provision as to any of the matters mentioned in that subsection.

(3) In the case of—

(a) an application for an adoption order in relation to a child who is not free for adoption;

(b) an application for an order freeing a child for adoption.

rules shall require every person who can be found and whose agreement or consent to the making of the order is required under this Act to be notified of a date and place where he will be heard on the application and of the fact that, unless he wishes or the court requires, he need not attend.

(4) In the case of an application under section 55, rules shall require every parent and guardian of the child who can be found to be notified as aforesaid.

(5) Rules made as respects magistrates’ courts may provide for enabling any fact tending to establish the identity of a child with a child to whom a document relates to be proved by affidavit and for excluding or restricting in relation to any facts that may be so proved the power of a justice of the peace to compel the attendance of witnesses.

(6) This section does not apply in relation to sections 9, 10, 11 and 32 to 37.

Textual Amendments

F1 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 141

Marginal Citations

M1 1980 c. 43(82).