Search Legislation

Adoption and Children Act 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Adoption and Children Act 2002, SCHEDULE 4 is up to date with all changes known to be in force on or before 07 October 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 4A inserted by 2014 c. 6 s. 5
  • s. 141(7) inserted by 2010 c. 26 Sch. 3 para. 13 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))

Section 139

SCHEDULE 4E+W+STransitional and transitory provisions and savings

This schedule has no associated Explanatory Notes

General rules for continuityE+W

1(1)Any reference (express or implied) in Part 1 or any other enactment, instrument or document to—

(a)any provision of Part 1, or

(b)things done or falling to be done under or for the purposes of any provision of Part 1,

must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

(2)Any reference (express or implied) in any enactment, instrument or document to—

(a)a provision repealed by this Act, or

(b)things done or falling to be done under or for the purposes of such a provision,

must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of Part 1 has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

Commencement Information

I1Sch. 4 para. 1 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

General rule for old savingsE+W

2(1)The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

(2)The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.

Commencement Information

I2Sch. 4 para. 2 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

Adoption support servicesE+W

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation of adoption agenciesE+W

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Independent review mechanismE+W

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pending applications for freeing ordersU.K.

6Nothing in this Act affects any application for an order under section 18 of the Adoption Act 1976 (freeing for adoption) where—

(a)the application has been made and has not been disposed of immediately before the repeal of that section, and

(b)the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.

Commencement Information

I3Sch. 4 para. 6 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

Freeing ordersU.K.

7(1)Nothing in this Act affects any order made under section 18 of the Adoption Act 1976 (c. 36) and—

(a)sections 19 to 21 of that Act are to continue to have effect in relation to such an order, and

(b)Part 1 of Schedule 6 to the Magistrates’ Courts Act 1980 (c. 43) is to continue to have effect for the purposes of an application under section 21 of the Adoption Act 1976 in relation to such an order.

(2)Section 20 of that Act, as it has effect by virtue of this paragraph, is to apply as if, in subsection (3)(c) after “1989” there were inserted—

(iia)any care order, within the meaning of that Act.

(3)Where a child is free for adoption by virtue of an order made under section 18 of that Act, the third condition in section 47(6) is to be treated as satisfied.

Commencement Information

I4Sch. 4 para. 7 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

Pending applications for adoption ordersU.K.

8Nothing in this Act affects any application for an adoption order under section 12 of the Adoption Act 1976 where—

(a)the application has been made and has not been disposed of immediately before the repeal of that section, and

(b)the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.

Commencement Information

I5Sch. 4 para. 8 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

Prospective

Notification of adoption applicationsU.K.

9Where a notice given in respect of a child by the prospective adopters under section 22(1) of the Adoption Act 1976 is treated by virtue of paragraph 1(1) as having been given for the purposes of section 44(2) in respect of an application to adopt the child, section 42(3) has effect in relation to their application for an adoption order as if for “six months” there were substituted “ twelve months ”.

Adoptions with a foreign elementE+W

F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F211E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F212E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AdvertisingE+W

F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F215E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F216E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

StatusU.K.

17(1)Section 67—

(a)does not apply to a pre-1976 instrument or enactment in so far as it contains a disposition of property, and

(b)does not apply to any public general Act in its application to any disposition of property in a pre-1976 instrument or enactment.

(2)Section 73 applies in relation to this paragraph as if this paragraph were contained in Chapter 4 of Part 1; and an instrument or enactment is a pre-1976 instrument or enactment for the purposes of this Schedule if it was passed or made at any time before 1st January 1976.

Commencement Information

I6Sch. 4 para. 17 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

18U.K.Section 69 does not apply to a pre-1976 instrument.

Commencement Information

I7Sch. 4 para. 18 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

19U.K.In section 70(1), the reference to Part 3 of the Family Law Reform Act 1987 (c. 42) includes Part 2 of the Family Law Reform Act 1969 (c. 46).

Commencement Information

I8Sch. 4 para. 19 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

Registration of adoptionsE+W

20(1)The power of the court under paragraph 4(1) of Schedule 1 to amend an order on the application of the adopter or adopted person includes, in relation to an order made before 1st April 1959, power to make any amendment of the particulars contained in the order which appears to be required to bring the order into the form in which it would have been made if paragraph 1 of that Schedule had applied to the order.

(2)In relation to an adoption order made before the commencement of the Adoption Act 1976 (c. 36), the reference in paragraph 4(3) of that Schedule to paragraph 1(2) or (3) is to be read—

(a)in the case of an order under the Adoption of Children Act 1926 (c. 29), as a reference to section 12(3) and (4) of the Adoption of Children Act 1949 (c. 98),

(b)in the case of an order under the Adoption Act 1950 (c. 26), as a reference to section 18(3) and (4) of that Act,

(c)in the case of an order under the Adoption Act 1958 (c. 5), as a reference to section 21(4) and (5) of that Act.

Commencement Information

I9Sch. 4 para. 20 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

The Child Abduction Act 1984 (c. 37)E+W

21Paragraph 43 of Schedule 3 does not affect the Schedule to the Child Abduction Act 1984 in its application to a child who is the subject of—

(a)an order under section 18 of the Adoption Act 1976 freeing the child for adoption,

(b)a pending application for such an order, or

(c)a pending application for an order under section 12 of that Act.

Commencement Information

I10Sch. 4 para. 21 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

The Courts and Legal Services Act 1990 (c. 41)E+W

22Paragraph 80 of Schedule 3 does not affect section 58A(2)(b) of the Courts and Legal Services Act 1990 in its application to proceedings under the Adoption Act 1976 (c. 36).

Commencement Information

I11Sch. 4 para. 22 in force at 30.12.2005 by S.I. 2005/2897, art. 2(a) (with arts. 3-16)

The Children (Scotland) Act 1995 (c. 36)S

23Paragraph 84 of Schedule 3 does not affect section 86(6) of the Children (Scotland) Act 1995 in its application to a child who becomes the subject of an order under section 18 or 55 of the Adoption Act 1976 by virtue of an application made before the repeal of that section.

Commencement Information

I12Sch. 4 para. 23 in force at 30.12.2005 by S.S.I. 2005/643, art. 2(d)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources