Part 1

Adoption
Chapter 3

Placement for adoption and adoption orders

Disclosure of information in relation to a person’s adoption

Sections 56 to 65: interpretation
65
1
In this group of sections—
- “appropriate adoption agency”, in relation to an adopted person or to information relating to his adoption, means—
  1. if the person was placed for adoption by an adoption agency, that agency or (if different) the agency which keeps the information in relation to his adoption,
  2. in any other case, the local authority to which notice of intention to adopt was given,
- “prescribed” means prescribed by subordinate legislation,
- “regulations” means regulations under section 9,
- “subordinate legislation” means regulations or, in relation to information to be given by a court, rules.
2
But—
a
regulations under section 63(2) imposing any requirement on a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), or an organisation within section 144(3)(b), are to be made by the Scottish Ministers,
b
regulations under section 63(2) imposing any requirement on a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)), or an appropriate voluntary organisation within the meaning of Article 2(2) of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)), are to be made by the Department of Health, Social Services and Public Safety.
3
The power of the Scottish Ministers or of the Department of Health, Social Services and Public Safety to make regulations under section 63(2) includes power to make—
a
any supplementary, incidental or consequential provision,
b
any transitory, transitional or saving provision,
which the person making the regulations considers necessary or expedient.
4
Regulations prescribing any fee by virtue of section 64(6) require the approval of the Chancellor of the Exchequer.
5
Regulations making any provision as to the manner in which any application is to be made for the disclosure of information by the Registrar General require his approval.
S. 65 in force at 7.2.2004 for W. by S.I. 2004/252, art. 2(b)
S. 65 in force at 7.12.2004 in so far as not already in force by S.I. 2004/3203, art. 2(1)(j)
S. 65(1) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 2, Sch. 1
Words in s. 65(2)(b) substituted (N.I.) (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 193(3)(b); S.R. 2022/102, art. 2(b)
Words in s. 65(2)(b) substituted (1.4.2022 for N.I., 30.11.2022 for E.W.S.) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 193(3)(a); S.R. 2022/102, art. 2(b); (with the exception of the word "a") by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 17(3)