Children and Families Act 2014

Adoption and Children Act 2002 (c. 38)

60 (1) Section 26 (placement of children by adoption agency for adoption: contact) is amended as follows.

(2) In subsection (1) (provision for contact under the 1989 Act ceases to have effect and any contact activity direction is discharged) for the words from “any provision for contact” to the end substitute “—

(a) any contact provision in a child arrangements order under section 8 of the 1989 Act ceases to have effect,

(b) any order under section 34 of that Act (parental etc contact with children in care) ceases to have effect, and

(c) any activity direction made in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or made in other proceedings that relate to such an order, is discharged.”

(3) In subsection (2)(a) (no application may be made for provision for contact under the 1989 Act) for “any provision for contact under that Act, but” substitute “—

(i) a child arrangements order under section 8 of the 1989 Act containing contact provision, or

(ii) an order under section 34 of that Act, but”.

(4) In subsection (3)(c) (application for contact may be made by person in whose favour provision for contact was made)—

(a) omit “for contact under the 1989 Act”, and

(b) for “(1)” substitute “(1)(a) or an order which ceased to have effect by virtue of subsection (1)(b)”.

(5) In subsection (3)(d) (application for contact may be made by person in whose favour residence order was made)—

(a) for “residence” substitute “child arrangements”, and

(b) for “the person in whose favour the order was made” substitute “any person named in the order as a person with whom the child was to live”.

(6) In subsection (5) (application for contact order that is to be heard together with application for adoption order) for “contact order under section 8 of the 1989 Act” substitute “child arrangements order under section 8 of the 1989 Act containing only contact provision”.

(7) For subsection (6) (interpretation) substitute—

“(5A) In this section “contact provision” means provision which regulates arrangements relating to—

(a) with whom a child is to spend time or otherwise have contact, or

(b) when a child is to spend time or otherwise have contact with any person;

but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.

(6) In this section “activity direction” has the meaning given by section 11A of the 1989 Act.”