The Adoption and Children Act 2002 (Consequential Amendments) Order 2005

© Crown Copyright 2005

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Adoption and Children Act 2002 (Consequential Amendments) Order 2005, ISBN 0110738691. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

" (a) Adoption records and reports
Sections 57 to 62, 77 and 79 of, and Schedule 2 to, the Adoption and Children Act 2002[3].

     Regulation 14 of the Adoption Agencies Regulations 1983[4].

     Regulation 41 of the Adoption Agencies Regulations 2005[5].

     Regulation 42 of the Adoption Agencies (Wales) Regulations 2005[6].

     Rules 5, 6, 9, 17, 18, 21, 22 and 53 of the Adoption Rules 1984[7].

     Rules 5, 6, 9, 17, 18, 21, 22 and 32 of the Magistrates' Courts (Adoption) Rules 1984[8].

     Rules 24, 29, 30, 65, 72, 73, 77, 78 and 83 of the Family Procedure (Adoption) Rules 2005[9].".

    (2) In the Schedule (personal data to which the Order applies) to the Data Protection (Subject Access Modification) (Social Work) Order 2000[10] insert after paragraph (t)[a]—

" (u)[b] data processed for the purposes of the functions of the appropriate Minister pursuant to section 12 of the Adoption and Children Act 2002 (independent review of determinations);".

Community Legal Service
     3. —(1) In each of the provisions mentioned in paragraph (2) the definition of "family proceedings" is amended by inserting after sub-paragraph (g)—

" (ga) the Adoption and Children Act 2002;".

    (2) The provisions are—

(a) article 2 of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001[11];

(b) article 2 of the Community Legal Service (Funding) Order 2000[12];

(c) regulation 2 of the Community Legal Service (Financial) Regulations 2000[13];

(d) regulation 21 of the Community Legal Service (Costs) Regulations 2000[14].

    (3) In paragraph 2 of Schedule 2 to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001[15] after "applications to free for adoption" insert "or applications for a placement order".

Non-Contentious Probate Rules
     4. Rule 32(1) of the Non-Contentious Probate Rules 1987[16] is amended as follows—

(a) in sub-paragraph (a)(iii) after "the Adoption Act 1976" insert—


     " or section 46(1) of the Adoption and Children Act 2002";



(b) after sub-paragraph (aa) insert—



" (ab) a step-parent of the minor who has parental responsibility for him in accordance with section 4A of the Children Act 1989[17]; or";



(c) after sub-paragraph (b) insert—



" (ba) a special guardian of the minor who is appointed in accordance with section 14A of the Children Act 1989[18]; or

(bb) an adoption agency which has parental responsibility for the minor by virtue of section 25(2) of the Adoption and Children Act 2002; or".

Amendment to the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
     5. In paragraph (a)(iii) of regulation 6 (health related functions of local authorities) of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000[19] for "sections 1 and 2 of the Adoption Act 1976" substitute "section 3 of the Adoption and Children Act 2002".

Amendment of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002
     6. In regulation 3 (requirements for membership of lay panel) of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002[20]—

(a) insert in paragraphs (2)(a)(i) and (5)(c) ", or the Adoption and Children Act 2002," after "the Adoption Act 1976"; and

(b) in paragraph (5)(ee) ", or an adoption society registered under Part 2 of the 2000 Act[21]" after "the Adoption Act 1976".

Amendment of the Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005
     7. In regulation 16 of the Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005[22] for "4" substitute "4A".


Maria Eagle
Parliamentary Under Secretary of State Department for Education and Skills

20th December 2005

Article 7 amends article 16 of the Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005 by adding Part 4A to the Parts of the Voluntary Adoption Agencies and Adoption Agencies (Miscellaneous Amendments) Regulations 2003[23].

[2] S.I. 2000/419. Part 2 of the Schedule was amended by S.I. 2000/1865.back

[3] Section 79 of the Adoption and Children Act 2002 (c.38) was amended by the Civil Partnership Act 2004 (c.33).back

[4] S.I. 1983/1964. Regulation 14 was amended by S.I. 1997/649 and S.I. 1997/2308.back

[5] S.I. 2005/389.back

[6] S.I. 2005/1313 (W.95).back

[7] S.I. 1984/265. These provisions of the Adoption Rules 1984 were amended by S.I. 1991/1880 and S.I. 2001/819 and will be revoked with effect from 30^th December 2005.back

[8] S.I. 1984/611. These provisions of the Magistrates' Court (Adoption) Rules 1984 were revoked by S.I. 2005/2804; for transitional provisions and savings see articles 4(b), 5 and 6. These provisions were also amended by S.I. 1989/384, S.I. 2001/615, S.I. 2001/820 and S.I. 2005/617.back

[9] S.I. 2005/2795 (L.22).back

[10] S.I. 2000/415. The Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 2000 was amended by S.I. 2002/2469, S.I. 2002/3220, S.I. 2004/696 and S.I. 2005/467.back

[11] S.I. 2001/1077. The definition of "family proceedings" was amended by S.I. 2003/2590 and S.I. 2005/2114.back

[12] S.I. 2000/627. The definition of "family proceedings" was amended by S.I. 2005/2114.back

[13] S.I. 2000/516.back

[14] S.I. 2000/441. The definition of "family proceedings" was amended by S.I. 2005/2114.back

[15] Paragraph 2 of Schedule 2 to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 (S.I. 2001/1077) was amended by S.I. 2003/2590.back

[16] S.I. 1987/2024. Rule 32(1) of the Non-Contentious Probate Rules 1987 was amended by S.I. 1991/1876 and S.I. 1998/1903.back

[17] 1989 c.41. Section 4A of the Children Act 1989 was inserted by section 112 of the Adoption and Children Act 2002 (c.38) and amended by section 75 of the Civil Partnership Act 2004 (c.33).back

[18] Section 14A of the Children Act 1989 was inserted by section 115(1) of the Adoption and Children Act 2002 (c.38).back

[19] S.I. 2000/617.back

[20] S.I. 2002/816, amended by S.I. 2003/1060.back

[21] 2000 c. 14.back

[22] S.I. 2005/2897.back

[23] S.I. 2003/367. Part 4A was inserted by regulation 2(4) of, and the Schedule to, the Voluntary Adoption Agencies (Amendment) Regulations 2005 (S.I. 2005/3341).back

[b] Amended by Correction Slip. Page 2, article 2(2), line three, in the inserted text; "(r) data processed…", should read "(u) data processed…". back