The Special Restrictions on Adoptions from Abroad (Nigeria) Order 2021

Statutory Instruments

2021 No. 64

Children And Young Persons, England And Wales

Children And Young Persons, Northern Ireland

The Special Restrictions on Adoptions from Abroad (Nigeria) Order 2021

Made

20th January 2021

Laid before Parliament

22nd January 2021

Coming into force

12th March 2021

The Secretary of State, in exercise of the powers conferred by section 9(4) of the Children and Adoption Act 2006(1), makes the following Order.

In accordance with section 9(5)(a) of that Act, the Secretary of State has consulted with Welsh Ministers(2) and, in accordance with section 9(5)(b) of that Act, the Secretary of State has consulted with the Department of Health in Northern Ireland(3).

Citation and Commencement

1.  This Order may be cited as the Special Restrictions on Adoptions from Abroad (Nigeria) Order 2021 and it comes into force on 12th March 2021.

Declaration of special restrictions

2.  Special restrictions are to apply for the time being in relation to the bringing of children into the United Kingdom from Nigeria in the cases mentioned in section 9(2) of the Children and Adoption Act 2006.

Vicky Ford

Parliamentary Under Secretary of State

Department for Education

20th January 2021

EXPLANATORY NOTE

(This note is not part of the Order)

Section 9(4) of the Children and Adoption Act 2006 provides for the Secretary of State by order to declare that special restrictions are to apply for the time being to the bringing of children into the United Kingdom from a country or territory outside the British Islands in certain cases involving adoption.

Section 11(1) of that Act provides that those special restrictions are that the appropriate authority is not to take any step, which might otherwise have been taken, in connection with furthering the bringing of children into the United Kingdom in those cases. Section 11(2) provides that the relevant steps may be taken if the prospective adopters satisfy the appropriate authority (defined in section 11(4)) that the authority should take those steps despite the special restrictions.

By article 2 of this Order, the Secretary of State declares that special restrictions are to apply to Nigeria.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2006 c.20.

(2)

By virtue of section 9(5)(a), the Secretary of State must consult with the National Assembly for Wales before making any Order under section 9(4). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c.32).

(3)

The Department of Health, Social Services and Public Safety in Northern Ireland was renamed as the Department of Health by section 1(5) of the Departments Act (Northern Ireland) 2016 (c.5).