Office of Public Sector Information
PART VI continued
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)Subject to subsections (3) . . . F2 where on an application to a magistrates’ court under this Act the court makes or refuses to make an order, an appeal shall lie to the High Court.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 where an application is made to a magistrates’ court under this Act, and the court considers that the matter is one which would more conveniently be dealt with by the High Court, the magistrates’ court shall refuse to make an order, and in that case no appeal shall lie to the High Court.
(4)[F3No appeal shall lie to the High Court] against an order made under section 34.
F1S. 63(1) repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(3), Sch. 3
F2Words repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10 Pt. I
F3Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 36
Proceedings under [F1this Act]
(a)in the High Court, may be disposed of in chambers;
(b)in a county court, shall be heard and determined in camera;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), ss. 73(2), 89(1), Sch. 1
F2S. 64(c) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89, Schs. 1, 3
(1)For the purpose of any application for an adoption order or an order freeing a child for adoption or an order under section 20 or 55 rules shall provide for the appointment, in such cases as are prescribed [F2of an officer of the Service]—
(a)[F3to act on behalf]of the child upon the hearing of the application, with the duty of safe-guarding the interests of the child in the prescribed manner;
(b)F4. . . for the purpose of witnessing agreements to adoption and performing such other duties as the rules may prescribe.
(2)A person who is employed—
(a)in the case of an application for an adoption order, by the adoption agency by whom the child was placed; or
(b)in the case of an application for an order freeing a child for adoption, by the adoption agency by whom the application was made; or
(c)in the case of an application under section 20, by the adoption agency with the parental rights and duties relating to the child,
shall not be appointed to act [F5under subsection (1)] for the purposes of the application but, subject to that, the same person may if the court thinks fit [F5act under both paragraphs (a) and (b) of subsection (1)].
[F6(3)Rules of court may make provision as to the assistance which an officer of the Service may be required by the court to give to it.
(4)In this section “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000.]
F1S. 65 sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 52(d); S.I. 2001/919, art. 2(f)(ii)
F2Words in s. 65(1) inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 52(a)(i); S.I. 2001/919, art. 2(f)(ii)
F3Words in s. 65(1)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 52(a)(ii); S.I. 2001/919, art. 2(f)(ii)
F4Words in s. 65(1)(b) repealed (1.4.2001) by 2000 c. 43, s. 74, 75, Sch. 7 Pt. II para. 52(a)(iii), Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g) Table
F5Words in s. 65(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 52(b)(ii); S.I. 2001/919, art. 2(f)(ii)
F6S. 65(3)(4) inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 52(c); S.I. 2001/919, art. 2(f)(ii)
F1S. 65A repealed (1.4.2001) by 2000 c. 43, s. 74, 75, Sch. 7 Pt. II para. 53, Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g) Table
(1)Rules in regard to any matter to be prescribed under this Act and dealing generally with all matters of procedure and incidental matters arising out of this Act and for carrying this Act into effect shall be made by the Lord Chancellor.
(2)Subsection (1) does not apply in relation to proceedings before magistrates’ courts, but the power to make rules conferred by [F1section 144 of the M1Magistrates’ Courts Act 1980] shall include power to make provision as to any of the matters mentioned in that subsection.
(3)In the case of—
(a)an application for an adoption order in relation to a child who is not free for adoption;
(b)an application for an order freeing a child for adoption.
rules shall require every person who can be found and whose agreement or consent to the making of the order is required under this Act to be notified of a date and place where he will be heard on the application and of the fact that, unless he wishes or the court requires, he need not attend.
(4)In the case of an application under section 55, rules shall require every parent and guardian of the child who can be found to be notified as aforesaid.
(5)Rules made as respects magistrates’ courts may provide for enabling any fact tending to establish the identity of a child with a child to whom a document relates to be proved by affidavit and for excluding or restricting in relation to any facts that may be so proved the power of a justice of the peace to compel the attendance of witnesses.
(6)This section does not apply in relation to sections 9, 10, 11 and 32 to 37.
F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 141
M11980 c. 43(82).
(1)Any power to make orders, rules or regulations conferred by this Act on the Secretary of State, the Lord Chancellor or the Registrar General shall be exercisable by statutory instrument.
(2)A statutory instrument containing rules or regulations made under any provision of this Act, except section 3(1), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)An order under section 28(10) or 57(8) shall not be made unless a draft of the order has been approved by resolution of each House of Parliament.
(4)An order made under any provision of this Act, except section 74, may be revoked or varied by a subsequent order under that provision.
(5)Orders and regulations made under this Act may make different provision in relation to different cases or classes of cases and may exclude certain cases or classes of cases.
(6)The Registrar General shall not make regulations under section 51 or paragraph 1(1) of Schedule 1 except with the approval of [F1the Chancellor of the Exchequer].
F1Words in s. 67(6) substituted (1.4.1996) by S.I. 1996/273, art. 5, Sch. 2
C1Functions of the Secretary of State in s. 67(6) transferred to the Chancellor of the Exchequer (1.4.1996) by S.I. 1996/273, art. 3(1), Sch. 1
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of, any director, manager, member of the committee, secretary or other officer of the body, he as well as the body shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Any notice or information required to be given under this Act may be given by post.
(1)If the Secretary of State by order declares that a description of persons specified in the order has, in pursuance of the Convention, been notified to the Government of the United Kingdom as the description of persons who are deemed to possess the nationality of a particular Convention country, persons of that description shall, subject to the following provisions of this section, be treated for the purposes of this Act as nationals of that country.
(2)Subject to section 54(3) and subsection (3) of this section, where it appears to the court in any proceedings under this Act, or to any court by which a decision in pursuance of section 53(3) falls to be given, that a person is or was at a particular time a national of two or more countries, then—
(a)if it appears to the said court that he is or was then a United Kingdom national, he shall be treated for the purposes of those proceedings or that decision as if he were or had then been a United Kingdom national only;
(b)if, in a case not falling within paragraph (a), it appears to the said court that one only of those countries is or was then a Convention country, he shall be treated for those purposes as if he were or had then been a national of that country only;
(c)if, in a case not falling within paragraph (a), it appears to the said court that two or more of those countries are or were then Convention countries, he shall be treated for those purposes as if he were or had then been a national of such one only of those Convention countries as the said court considers is the country with which he is or was then most closely connected;
(d)in any other case, he shall be treated for those purposes as if he were or had then been a national of such one only of those countries as the said court considers is the country with which he is or was then most closely connected.
(3)A court in which proceedings are brought in pursuance of section 17, 52(3) or 53 shall be entitled to disregard the provisions of subsection (2) in so far as it appears to that court appropriate to do so for the purposes of those proceedings; but nothing in this subsection shall be construed as prejudicing the provisions of section 54(3).
(4)Where, after such inquiries as the court in question considers appropriate, it appears to the court in any proceedings under this Act, or to any court by which such a decision as aforesaid falls to be given, that a person has no nationality or no ascertainable nationality, he shall be treated for the purposes of those proceedings or that decision as a national of the country in which he resides or, where that country is one of two or more countries having the same law of nationality, as a national of those countries.
(1)In this Act “internal law” in relation to any country means the law applicable in a case where no question arises as to the law in force in any other country.
(2)In any case where the internal law of a country falls to be ascertained for the purposes of this Act by any court and there are in force in that country two or more systems of internal law, the relevant system shall be ascertained in accordance with any rule in force throughout that country indicating which of the systems is relevant in the case in question or, if there is no such rule, shall be the system appearing to that court to be most closely connected with the case.
(1)In this Act, unless the context otherwise requires—
“adoption agency” in sections 11, 13, 18 to 23 and 27 to 31 includes an adoption agency within the meaning of
[F1(a)section 1 of the M1Adoption (Scotland) Act 1978; and
(b)Article 3 of the M2Adoption (Northern Ireland) Order 1987.]
[F2 “adoption order” —
(a)means an order under section 12(1); and
(b)in sections 12(3) and (4), 18 to 20, 27, 28 and 30 to 32 and in the definition of “British adoption order” in this subsection includes an order under section 12 of the Adoption (Scotland) Act 1978 and Article 12 of the Adoption (Northern Ireland) Order 1987 (adoption orders in Scotland and Northern Ireland respectively); and
(c)in sections 27, 28 and 30 to 32 includes an order under section 55, section 49 of the Adoption (Scotland) Act 1978 and Article 57 of the Adoption (Northern Ireland) Order 1987 (orders in relation to children being adopted abroad).]
“adoption society” means a body of persons whose functions consist of or include the making of arrangements for the adoption of children;
“approved adoption society” means an adoption society approved under Part I;
“authorised court” shall be construed in accordance with section 62;
“body of persons” means any body of persons, whether incorporated or unincorporated;
[F3 “British adoption order” means—
(a)an adoption order as defined in this subsection, and
(b)an order under any provision for the adoption of a child effected under the law of any British territory outside the United Kingdom.]
“British territory” means, for the purposes of any provision of this Act, any of the following countries, that is to say, Great Britain, Northern Ireland, the Channel Islands, the Isle of Man and a colony, being a country designated for the purposes of that provision by order of the Secretary of State or, if no country is so designated, any of those countries;
“child”, except where used to express a relationship, means a person who has not attained the age of 18 years;
“the Convention” means the Convention relating to the adoption of children concluded at the Hague on 15th November 1965 and signed on behalf of the United Kingdom on that date;
“Convention adoption order” means an adoption order made in accordance with section 17(1);
“Convention country” means any country outside British territory, being a country for the time being designated by an order of the Secretary of State as a country in which, in his opinion, the Convention is in force.
“existing”, in relation to an enactment or other instrument, means one passed or made at any time before 1st January 1976;
[F4 “guardian” has the same meaning as in the Children Act 1989.]
“internal law” has the meaning assigned by section 71;
“local authority” means the council of a county (other than a metropolitan county), a metropolitan district, a London borough or the Common Council of the City of London [F5but, in relation to Wales, means the council of a county or a county borough]F6 . . .
“notice” means a notice in writing;
“order freeing a child for adoption” means an order under section 18; [F7and in [F8sections 27(2) and 59 includes an order under—
(a)section 18 of the Adoption (Scotland) Act 1978; and
(b)Article 17 or 18 of the Adoption (Northern Ireland) Order 1987]]
“overseas adoption” has the meaning assigned by subsection (2);
[F9 “parent” means, in relation to a child, any parent who has parental responsibility for the child under the Children Act 1989;]
[F9 “parental responsibility” and “parental responsibility agreement” have the same meaning as in the Children Act 1989.]
F10 “” . . .
“prescribed” means prescribed by rules;
“regulated adoption” means an overseas adoption of a description designated by an order under subsection (2) as that of an adoption regulated by the Convention;
“relative” in relation to a child means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by affinity and includes, where the child is illegitimate, the father of the child and any person who would be a relative within the meaning of this definition if the child were the legitimate child of his mother and father;
“rules” means rules made under section 66(1) or made by virtue of section 66(2) under [F11section 144 of the M3Magistrates’ Courts Act 1980]
“specified order” means any provision for the adoption of a child effected under enactments similar to section 12(1) and 17 in force in F12 . . . any British territory outside the United Kingdom;
“United Kingdom national” means, for the purposes of any provision of this Act, a citizen of the United Kingdom and colonies satisfying such conditions, if any, as the Secretary of State may by order specify for the purposes of that provision;
[F13 “upbringing” has the same meaning as in the Children Act 1989.]
“voluntary organisation” means a body other than a public or local authority the activities of which are not carried on for profit.
[F14(1A)In this Act, in determining with what person, or where, a child has his home, any absence of the child at a hospital or boarding school and any other temporary absence shall be disregarded.
(1B)In this Act, references to a child who is in the care of or looked after by a local authority have the same meaning as in the Children Act 1989.]
(2)In this Act “overseas adoption” means an adoption of such a description as the Secretary of State may by order specify, being a description of adoptions of children appearing to him to be effected under the law of any country outside Great Brritain; and an order under this subsection may contain provision as to the manner in which evidence of an overseas adoption may be given.
(3)For the purposes of this Act, a person shall be deemed to make arrangements for the adoption of a child if he enters into or makes any agreement or arrangement for, or for facilitating, the adoption of the child by any other person, whether the adoption is effected, or is intended to be effected, in Great Britain or elsewhere, or if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor, and if he causes another person to do so.
[F15(3A)In this Act, in relation to the proposed adoption of a child resident outside the British Islands, references to arrangements for the adoption of a child include references to arrangements for an assessment for the purpose of indicating whether a person is suitable to adopt a child or not.]
(4)Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
(5)In this Act, except where otherwise indicated—
(a)a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and
(b)a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and
(c)a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered.
F1Paras. (a)(b) in s. 72(1) substituted (14.10.1991) for words in the definition of adoption agency by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 30(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2Definition in s. 72(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 30(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3Definition in s. 72(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 30(4) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F4Definition in s. 72(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 30(5) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F5Words in s. 72(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 9 (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.
F6Words in s. 72(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F7Words added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 37(b)
F8Words in s. 72(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 30(6) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F9Definitions in s. 72(1) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 30(7) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F10Definition in s. 72(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 para. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F11Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 142
F12Words in s. 72(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F13Definition in s. 72(1) inserted (14.10.1991)
by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 30(8) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F14S. 72(1A)(1B) substituted (14.10.1991) for s. 72(1A) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 30(9) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F15S. 72(3A) inserted (31.1.2000) by 1999 c. 18, s. 13; S.I. 2000/52, art. 2
M11978 c. 28(49:11).
M2S.I. 1987/2203 (N.I. 22).
M31980 c. 43(82).
(1)The transitional provisions contained in Schedule 2 shall have effect.
[F1X1(2)The enactments specified in Schedule 3 shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.]
X2(3)The enactments specified in Schedule 4 are hereby repealed to the extent specified in column 3 of that Schedule.
F1S. 73(2) repealed (S.) by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 66, Sch. 4
X1The text of s. 73(2) and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
X2The text of s. 73(3) and Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(1)This Act may be cited as the Adoption Act 1976.
(2)This Act shall come into force on such date as the Secretary of State may by order appoint and different dates may be appointed for different provisions.
[F1(3)This Act extends to England and Wales only.]
F1S. 74(3) substituted for s. 74(3)(4) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.31 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
P1Power of appointment conferred by s. 74(2) partly exercised: S.I. 1983/1946, art. 2(2) 1987/1242, art. 2(2), Sch. 2 (Act wholly in force 1.1.1988 as regards its unrepealed provisions except for ss. 72(2)(3) so far as relating to Sch. 3 paras. 7, 21 and to the repeals in Sch. 4 of paras. 6, 26 and 63 of Sch. 3 to the Children Act 1975)
Adoption Act 1976