(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.
[F1(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 [F2approved under section 3 of this Act] [F2an 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 [F3level 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.
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 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)
F2Words 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)
F3Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F4S. 11(5) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20),s. 108(7) Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)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