Part 1Adoption

Chapter 6Adoptions with a foreign element

Bringing children into and out of the United Kingdom

I1I286 Power to modify sections 83 and 85

1

Regulations may provide for section 83 not to apply if—

a

the adopters or (as the case may be) prospective adopters are natural parents, natural relatives or guardians of the child in question (or one of them is), or

b

the British resident in question is a partner of a parent of the child,

and any prescribed conditions are met.

2

Regulations may provide for section 85(1) to apply with modifications, or not to apply, if—

a

the prospective adopters are parents, relatives or guardians of the child in question (or one of them is), or

b

the prospective adopter is a partner of a parent of the child,

and any prescribed conditions are met.

3

On the occasion of the first exercise of the power to make regulations under this section—

a

the statutory instrument containing the regulations is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, and

b

accordingly section 140(2) does not apply to the instrument.

4

In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Secretary of State after consultation with the Assembly.