2005 No. 3504

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

SOCIAL CARE, ENGLAND AND WALES

The Adoption and Children Act 2002 (Consequential Amendments) Order 2005

Made20th December 2005

Laid before Parliament22nd December 2005

Coming into force30th December 2005

The Secretary of State for Education and Skills, in exercise of the powers conferred by section 142(1), (2) and (6) of the Adoption and Children Act 20021 makes the following Order:–

Citation and commencement1

This Order may be cited as the Adoption and Children Act 2002 (Consequential Amendments) Order 2005 and comes into force on 30^th December 2005.

Data Protection – Subject Access2

1

In Part 2 of the Schedule (exemptions from section 7 – enactments and instruments extending to England and Wales) to the Data Protection (Miscellaneous Subject Access Exemptions) Order 20002 for paragraph (a) substitute—

a
Adoption records and reports
Sections 57 to 62, 77 and 79 of, and Schedule 2 to, the Adoption and Children Act 20023.
Regulation 14 of the Adoption Agencies Regulations 19834.
Regulation 41 of the Adoption Agencies Regulations 20055.
Regulation 42 of the Adoption Agencies (Wales) Regulations 20056.
Rules 5, 6, 9, 17, 18, 21, 22 and 53 of the Adoption Rules 19847.
Rules 5, 6, 9, 17, 18, 21, 22 and 32 of the Magistrates' Courts (Adoption) Rules 19848.
Rules 24, 29, 30, 65, 72, 73, 77, 78 and 83 of the Family Procedure (Adoption) Rules 20059.

2

In the Schedule (personal data to which the Order applies) to the Data Protection (Subject Access Modification) (Social Work) Order 200010 insert after paragraph (t)—

u
data processed for the purposes of the functions of the appropriate Minister pursuant to section 12 of the Adoption and Children Act 2002 (independent review of determinations);

Community Legal Service3

1

In each of the provisions mentioned in paragraph (2) the definition of “family proceedings” is amended by inserting after sub-paragraph (g)—

ga
the Adoption and Children Act 2002;

2

The provisions are—

a

article 2 of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 200111;

b

article 2 of the Community Legal Service (Funding) Order 200012;

c

regulation 2 of the Community Legal Service (Financial) Regulations 200013;

d

regulation 21 of the Community Legal Service (Costs) Regulations 200014.

3

In paragraph 2 of Schedule 2 to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 200115 after “applications to free for adoption” insert “or applications for a placement order”.

Non-Contentious Probate Rules4

Rule 32(1) of the Non-Contentious Probate Rules 198716 is amended as follows—

a

in sub-paragraph (a)(iii) after “the Adoption Act 1976” insert—

or section 46(1) of the Adoption and Children Act 2002

b

after sub-paragraph (aa) insert—

ab
a step-parent of the minor who has parental responsibility for him in accordance with section 4A of the Children Act 198917; or

c

after sub-paragraph (b) insert—

ba
a special guardian of the minor who is appointed in accordance with section 14A of the Children Act 198918; or
bb
an adoption agency which has parental responsibility for the minor by virtue of section 25(2) of the Adoption and Children Act 2002; or

Amendment to the NHS Bodies and Local Authorities Partnership Arrangements Regulations 20005

In paragraph (a)(iii) of regulation 6 (health related functions of local authorities) of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 200019 for “sections 1 and 2 of the Adoption Act 1976” substitute “section 3 of the Adoption and Children Act 2002”.

Amendment of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 20026

In regulation 3 (requirements for membership of lay panel) of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 200220—

a

insert in paragraphs (2)(a)(i) and (5)(c) “, or the Adoption and Children Act 2002,” after “the Adoption Act 1976”; and

b

in paragraph (5)(ee) “, or an adoption society registered under Part 2 of the 2000 Act21” after “the Adoption Act 1976”.

Amendment of the Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 20057

In regulation 16 of the Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 200522 for “4” substitute “4A”.

Maria EagleParliamentary Under Secretary of StateDepartment for Education and Skills20th December 2005

(This note is not part of the Order)

Consequent on the commencement of the Adoption and Children Act 2002, this Order updates relevant references in the following statutory instruments—

i

the Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 and the Data Protection (Subject Access Modification) (Social Work) Order 2000, which relate to subject access requests under the Data Protection Act 1998 (article 2);

ii

four statutory instruments that relate to the Community Legal Service, to include proceedings under the Adoption and Children Act 2002 within the definition of family proceedings and add a reference to placement orders (article 3);

iii

the Non-Contentious Probate Rules 1987 to reflect the additional means by which a step-parent may acquire parental responsibility and the introduction of special guardianship orders (article 4);

iv

the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 (article 5); and

v

the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (article 6).

Article 7 amends article 16 of the Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005 by adding Part 4A to the Parts of the Voluntary Adoption Agencies and Adoption Agencies (Miscellaneous Amendments) Regulations 200323.