(1)If it appears to the Secretary of State that [F1an approved adoption [F2society] [F2organisation] , or one in relation to which approval has been withdrawn under section 4 or has expired] [F1a body which is or has been an appropriate voluntary organisation] , is inactive or defunct he may, in relation to any child who is or was in the care of the [F2society] [F2organisation] , direct what appears to him to be the appropriate local authority to take any such action as might have been taken by the [F2society] [F2organisation] or by the [F2society] [F2organisation] 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 [F2society] [F2organisation] 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 [F2society] [F2organisation] and the authority.
Textual Amendments
F1Words in s. 8(1) substituted (30.1.2003 for W., 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 122, Sch. 4 para. 5(5)(a); S.I. 2003/152, art. 2(1)(d); S.I. 2003/365, art. 3(5)(c)
F2Words in s. 8 substituted (30.1.2003 for W., 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 122, Sch. 4 para. 5(5)(b); S.I. 2003/152, art. 2(1)(d); S.I. 2003/365, art. 3(5)(c)
Modifications etc. (not altering text)
C1S. 8: transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
(1)[F3The 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 [F4an appropriate voluntary organisation].
[F5(2A)The power under subsection (2) includes in particular power to make in relation to an appropriate voluntary organisation any provision which regulations under section 22(2) or (7) of the Care Standards Act 2000 (regulation of establishments and agencies) may make in relation to a fostering agency (within the meaning of that Act).]
(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.
[F6(3A)The power under subsection (3) includes in particular power to make in relation to the functions there mentioned any provision which regulations under section 48 of the Care Standards Act 2000 (regulation of the exercise of relevant fostering functions) may make in relation to relevant fostering functions (within the meaning of Part III of that Act).]
(4)Any person who contravenes or fails to comply with regulations made under subsection (2) [F7or (3)]shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F8level 5 on the standard scale].
Textual Amendments
F3S. 9(1) repealed (30.1.2003 for W., 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 122, Sch. 6; S.I. 2003/152, art. 2(1)(e)(ii); S.I. 2003/365, art. 3(5)(c)
F4Words in s. 9(2) substituted (1.7.2001 for W. and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 5(6)(a); S.I. 2001/2190, art. 2, Sch.
F5S. 9(2A) inserted (1.7.2001 for W., 24.2.2003 for E. for specified purposes, 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), ss. 116, 122, Sch. 4 para. 5(6)(b); S.I. 2001/2190, art. 2, Sch.; S.I. 2003/365, art. 3(2)(a)(ii) (with Sch.); S.I. 2003/365, art. 3(5)(c)
F6S. 9(3A) inserted (1.7.2001 for W., 24.2.2003 for E. for specified purposes, 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), ss. 116, 122, Sch. 4 para. 5(6)(c); S.I. 2001/2190, art. 2, Sch.; S.I. 2003/365, art. 3(2)(a)(ii) (with Sch.); S.I. 2003/365, art. 3(5)(c)
F7Words in s. 9(4) inserted (1.7.2001 for W. and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 5(6)(d); S.I. 2001/2190, art. 2, Sch.
F8Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
Modifications etc. (not altering text)
C2S. 9: transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
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.
[F10(2)An adoption society which is—
(a)approved as respects Scotland under section 3 of the Adoption (Scotland) Act M11978; or
(b)registered as respects Northern Ireland under Article 4 of the Adoption (Northern Ireland) Order M21987,
but which is not [F11approved under section 3 of this Act] [F11an appropriate voluntary organisation] , 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 [F12level 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.
F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10S. 11(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 88, Sch. 10 para.2 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F11Words in s. 11(2) substituted (30.1.2003 for W., 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 122, Sch. 4 para. 5(7)(a); S.I. 2003/152, art. 2(1)(d), S.I. 2003/365, art. 3(5)(c)
F12Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F13S. 11(5) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20),s. 108(7) Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
Marginal Citations