60. Section 13 amends section 72 of the 1976 Act (interpretation) and section 65 of the 1978 Act (interpretation). It inserts two new subsections.

61. New subsection (3A) extends the interpretation in the 1976 and 1978 Acts relating to arrangements for adoption by providing that in relation to the proposed adoption of a child resident outside the British Islands, references to arrangements for the adoption include references to arrangements for an assessment for the purpose of indicating whether a person is suitable or not to adopt a child.

62. The effect is to put it beyond doubt that in intercountry cases, a home study assessment report for the purposes of adoption must be prepared by or on behalf of an adoption agency. The amendment should be read with sections 11 and 56 of the 1976 Act and sections 11 and 51 of the 1978 Act which deal with restrictions on arranging adoptions and prohibitions on making certain payments in connection with the adoption of children.

63. New subsection (3B) extends the interpretation to be given to placing a child for adoption to include placing for adoption children habitually resident outside the British Islands. It provides that in relation to an adoption of a child habitually resident outside the British Islands which is proposed to be effected by an adoption order or a Convention adoption order, references to a child placed with any persons by an adoption agency is to include reference to a child who, in pursuance of arrangements made by such an agency, has been adopted or placed for adoption by those persons under the law of a country or territory outside the British Islands.

64. The effect of this amendment is to provide that where an adoption agency has made arrangements for the adoption of a child from overseas, the placement will be deemed to be an agency placement, even though the agency is not directly involved in those stages of the process (such as the "matching" of the child with the adopters, or the actual placing of the child with them) which take place in the child's country of origin. When the child is brought to England, Wales or Scotland, the adoption agency's duties as to, for example, supervision and reports, will be equivalent to those of an adoption agency placing a child for adoption in non-intercountry cases.

Miscellaneous and supplemental - sections 14 to 18

Section 14. Restriction on bringing children into the United Kingdom for adoption

65 Section 14 inserts an additional section after section 56 of the 1976 Act and section 50 of the 1978 Act (restriction on removal of children for adoption outside Great Britain).

66. The new section 56A or 50A makes it a criminal offence for a person habitually resident in the British Islands to bring to the United Kingdom for the purposes of adoption a child who is habitually resident outside those islands unless they comply requirements to be prescribed by regulations.

67. These requirements may apply either prior to the child's arrival or within a period to be prescribed and following a child's arrival; for example, if adopters fail to notify their local authority or the child's arrival within a specified period. The offence does not apply to a parent, guardian or relative of the child.

68. Under the general law, proceedings for an offence may only be brought within six months from the date the offence was committed. However, the new subsection (4) provides that proceedings for an offence under section 56A or section 50A may be brought within a period of six months from the date on which sufficient evidence in the opinion of the prosecutor to warrant the proceedings came to his knowledge. But, proceedings may not be brought more than three years after the offence was committed.

69. The purpose of this amendment is to deter those who bring children to the UK for the purposes of adoption without authority and who fail to make the presence of the child known to the statutory authorities until at least six months have expired (after which under the 1976 Act they would not have been liable to prosecution). The importance of declaring the presence of the child to a local authority is that the child automatically becomes a 'protected child' under section 32 the 1976 and 1978 Acts, placing a responsibility of the local authority to make regular visits to be satisfied about the child's safety and welfare.

Section 15. Amendments and repeals

70. Subsection (1) provides that the enactments mentioned in Schedule 2 are to have effect subject to the amendments specified in that Schedule which are either minor amendments or amendments consequential upon the provisions of this Act.

71. Schedule 2 amends the Local Authority and Social Services Act 1970 to provide that functions under the Convention will be social services functions; amends the Immigration Act 1971 to provide for Convention adoptions; amends the Family Law Act 1986 to make clear that the court may make a declaration in respect of a Convention adoption. It also makes minor amendments to the 1976 Act, mostly to remove references to the 1965 Convention which are no longer required.

72. Schedule 3 deals with repeals, mainly relating to the 1965 Convention (for the effect of which see also clause 17).

73. Subsection (2) provides for the enactments in Schedule 3 to be repealed to the extent specified in that Schedule.

Section 16. Devolution

74. This section deals with devolution matters. There is provision for commencement orders and regulations only to be made after consultation with the National Assembly for Wales. The Act is to be treated as a pre-commencement enactment for the purposes of the Scotland Act 1998.

Section 17. Savings for adoptions etc. under 1965 Convention

75. Savings are made in respect of the 1965 Convention which will remain in force in the UK until it is repudiated. So far as the United Kingdom is concerned, there are known to be two or three adoption orders made under the 1965 Convention affecting British citizens. Section 17 therefore provides that the provisions of the 1976 Act and 1978 Act relating to the 1965 Convention which are amended by clauses 3 to 6 and 8 and Schedule 2 of this Act are to have effect without these amendments in any adoption involving the 1965 Convention.

Section 18. Short title, interpretation commencement and extent

76.     Subsection (1) provides the Act its short title.

77.     Subsection (2) defines "the 1976 Act" and "the 1978 Act" and "the Convention".

78.     Subsection (3) empowers the Secretary of State to make orders bringing the Act into force in whole or in part and at different times.

79.     Subsections (4) and (5) provide for the Act to extend to Great Britain save for amendments to those statutes which have a wider extent (British Nationality Act 1981, Immigration Act 1971).

SCHEDULES

Schedule 1: Convention of Protection of Children and Co-operation in Respect of Intercountry Adoption

80.     Schedule 1 sets out the text of the Convention (so far as is material) under the following headings:

Chapter I: Scope of the Convention - Articles 1-3.

Chapter II: Requirements for intercountry adoption - Articles 4-5.

Chapter III: Central Authorities and Accredited Bodies - Articles 6-13.

Chapter IV: Procedural requirements in intercountry adoption - Articles 14-22.

Chapter V: Recognition and effects of the adoption - Articles 23-27.

Chapter VI: General Provisions - Articles 28-42.

FINANCIAL EFFECTS OF THE ACT

81.     Financial effects of the Act for local authorities are minimal. Welfare structures and adoption procedures required by the Convention are already in place in the United Kingdom as a result of earlier social services legislation.

82.     At present, section 57(3) of the Adoption Act 1976 provides for payment to be made to an adoption agency for services in connection with the adoption of a child in respect of expenses reasonably incurred by the agency. Adoption agencies raise charges in respect of services provided to prospective adoptive parents who apply to adopt a child from overseas; section 57(3) is not amended by this Act. Also, so far as Central Authorities are concerned in meeting the requirements of the Convention, the work currently undertaken in connection with intercountry adoption will continue with no significant change.

EFFECTS OF THE ACT ON PUBLIC SERVICE MANPOWER

83.     The Act will have minimal effect on public service manpower. Certain provisions will require one or two additional procedures to be undertaken by adoption agencies but these will be more than compensated by manpower savings; the present necessity for local authority social services to make statutory welfare visits to adoptive families and prepare reports for the court will gradually reduce in proportion to the rise in Convention adoptions and the increased role for voluntary adoption agencies. The court services may be less occupied with adoption cases as Convention adoptions increase.

COMMENCEMENT DATE

84.     The Act contains provisions for making consequent regulations. It is expected to come into effect on or after 1 January 2001.

PASSAGE OF THE ACT THROUGH PARLIAMENT

HOUSE OF COMMONS	DATE	HofC HANSARD VOL AND COLS
Introduction	13 January 1999	Vol 323 Col 308
Second Reading	23 April 1999	Vol 329 Cols 1140-1202
Committee	19 May 1999	Hansard Standing Committee D
Report and Third Reading	11 June 1999	Vol 332 Cols 949-956
HOUSE OF LORDS	DATE	HofL HANSARD VOL AND COLS
Introduction	11 June 1999	Vol 601 Col 1733
Second Reading	25 June 1999	Vol 602 Cols 1215-1225
Committee	15 July 1999	Vol 604 Col 601
Third Reading	20 July 1999	Vol 604 Col 815
Royal Assent - 27 July 1999	House of Lords Hansard Vol 604 Col 1422 House of Commons Hansard Vol 336 Col 152