Statutory Instrument 2001 No. 820 (L. 17)

The Magistrates' Courts (Adoption) (Amendment) Rules 2001

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for "guardian ad litem" substitute "children's guardian".

     4. In rule 2(1), at the appropriate places, insert - 

" "children's guardian" means an officer of the service appointed to act on behalf of the child in accordance with section 65(1)(a) of the 1976 Act[3];";

"reporting officer" means an officer of the service appointed in accordance with section 65(1)(b) of the 1976 Act;".

     5. In rule 5, for paragraph (3) substitute - 

    " (3) The reporting officer shall not be a member or employee of the applicant or any respondent body nor have been involved in the making of any arrangements for the adoption of the child.".

     6. In rule 6, for paragraph (4) substitute - 

    " (4) The children's guardian shall not be a member or employee of the applicant or any respondent body nor have been involved in the making of any arrangements for the adoption of the child.".

     7. In rule 17, for paragraph (3) substitute - 

    " (3) The reporting officer shall not be a member or employee of the applicant or any respondent body (except where a local authority is made a respondent only under rule 15(2)(d)) nor have been involved in the making of any arrangements for the adoption of the child.".

     8. In rule 18, for paragraph (4) substitute - 

    " (4) The children's guardian shall not be a member or employee of the applicant or any respondent body (except where a local authority is made a respondent only under rule 15(2)(d)) nor have been involved in the making of any arrangements for the adoption of the child.".

     9. After rule 28 insert - 

     " 28A Power of court to limit cross-examination
The court may limit the issues on which a children's guardian or a reporting officer may be cross-examined.".

     10. In rule 32, after paragraph (5), insert a new paragraph as follows - 

    " (5A) Nothing in this rule shall prevent the disclosure of a document prepared by an officer of the service for the purpose of - 


(a) enabling a person to perform functions required under section 62(3A) of the Justices of the Peace Act 1997[4]; and

(b) assisting an officer of the service who is appointed by the court under any enactment to perform his functions.



    (5B) Nothing in this rule shall prevent the disclosure of any document relating to proceedings by an officer of the service to any other officer of the service unless that other officer is involved in the same proceedings but on behalf of a different party.".

     11. Where - 

(a) before the coming into force of these Rules a person had been appointed as guardian ad litem in proceedings in accordance with section 65 of the Adoption Act 1976; and

(b) those proceedings are still continuing,

that person shall, for the purposes of the application of the 1984 Rules, be treated as if he had been appointed children's guardian.

     12. Where - 

(a) before the coming into force of these Rules a person had been appointed as reporting officer in proceedings in accordance with section 65 of the Adoption Act 1976; and

(b) those proceedings are still continuing,

that person shall, for the purposes of the application of the 1984 Rules, continue to be treated as the reporting officer in the proceedings.


Irvine of Lairg,
C.

Dated 6th March 2001

[2] S.I. 1984/611 amended by S.I. 1989/384 and 1991/1880 and 1991.back

[3] The Adoption Act 1976 (c. 36); section 65 is amended by the Criminal Justice and Court Services Act 2000 (c. 43), Schedule 7, Part II, paragraphs 51 and 52 and Schedule 8.back

[4] 1997 c. 25; section 62(3A) is inserted by the Criminal Justice and Court Services Act 2000 (c. 43), section 17(1).back