(1)If it appears to the Secretary of State that an approved adoption society, or one in relation to which approval has been withdrawn under section 4 or has expired, is inactive or defunct he may, in relation to any child who is or was in the care of the society, direct what appears to him to be the appropriate local authority to take any such action as might have been taken by the society or by the society jointly with the authority; and if apart from this section the authority would not be entitled to take that action, or would not be entitled to take it without joining the society in the action, it shall be entitled to do so.
(2)Before giving a direction under subsection (1) the Secretary of State shall, if practicable, consult both the society and the authority.
Modifications etc. (not altering text)
C1S. 8: transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
(1)The Secretary of State may by regulations prohibit unincorporated bodies from applying for approval under section 3; and he shall not approve any unincorporated body whose application is contrary to regulations made under this subsection.
(2)The Secretary of State may make regulations for any purpose relating to the exercise of its functions by an approved adoption society.
(3)The Secretary of State may make regulations with respect to the exercise by local authorities of their functions of making or participating in arrangements for the adoption of children.
(4)Any person who contravenes or fails to comply with regulations made under subsection (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1level 5 on the standard scale].
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
Textual Amendments
(1)A person other than an adoption agency shall not make arrangements for the adoption of a child, or place a child for adoption, unless—
(a)the proposed adopter is a relative of the child, or
(b)he is acting in pursuance of an order of the High Court.
[X1(2)An adoption society approved as respects Scotland under section 4 of the M1Children Act 1975, but which is not approved under section 3 of this Act, shall not act as an adoption society in England and Wales except to the extent that the society considers it necessary to do so in the interests of a person mentioned in section 1 of that Act.]
[F3(2)An adoption society which is—
(a)approved as respects Scotland under section 3 of the Adoption (Scotland) Act M21978; or
(b)registered as respects Northern Ireland under Article 4 of the Adoption (Northern Ireland) Order M31987,
but which is not approved under section 3 of this Act, shall not act as an adoption society in England and Wales except to the extent that the society considers it necessary to do so in the interests of a person mentioned in section 1 of the Act of 1978 or Article 3 of the Order of 1987.]
(3)A person who—
(a)takes part in the management or control of a body of persons which exists wholly or partly for the purpose of making arrangements for the adoption of children and which is not an adoption agency; or
(b)contravenes subsection (1); or
(c)receives a child placed with him in contravention of subsection (1),
shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding [F4level 5 on the standard scale] or to both.
(4)In any proceedings for an offence under paragraph (a) of subsection (3), proof of things done or of words written, spoken or published (whether or not in the presence of any party to the proceedings) by any person taking part in the management or control of a body of persons, or in making arrangements for the adoption of children on behalf of the body, shall be admissible as evidence of the purpose for which that body exists.
[F5(5)Section 26 shall apply where a person is convicted of a contravention of subsection (1) as it applies where an application for an adoption order is refused.]
Editorial Information
X1S. 11(2) commencing “An adoption society which is” substituted (prosp.) for subsection (2) commencing “An adoption society approved” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 2 (with Sch. 14 para. 1(1))
Textual Amendments
F3S. 11(2) commencing “An adoption society which is” substituted (prosp.) for subsection (2) commencing “An adoption society approved” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 2 (with Sch. 14 para. 1(1))
F4Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F5S. 11(5) repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4))
Marginal Citations
M11975 c. 72(49:9, 10).