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124 Supply of information for the register | |
(1) An Order under section 121 may require adoption agencies to give prescribed | |
information to the Secretary of State or the registration organisation for entry | |
in the register. | |
(2) Information is to be given to the Secretary of State or the registration | 5 |
organisation when required by the Order and in the prescribed form and | |
manner. | |
(3) An Order under section 121 may require an agency giving information which | |
is entered on the register to pay a prescribed fee to the Secretary of State or the | |
registration organisation. | 10 |
(4) But an adoption agency is not to disclose any information to the Secretary of | |
State or the registration organisation— | |
(a) about prospective adopters who are suitable to adopt a child, or | |
persons who were included in the register as such prospective | |
adopters, without their consent, | 15 |
(b) about children suitable for adoption, or persons who were included in | |
the register as such children, without the consent of the prescribed | |
person. | |
(5) Consent under subsection (4) is to be given in the prescribed form. | |
125 Disclosure of information | 20 |
(1) Information entered in the register, or compiled from information entered in | |
the register, may only be disclosed under subsection (2) or (3). | |
(2) Prescribed information entered in the register may be disclosed by the | |
Secretary of State or the registration organisation— | |
(a) where an adoption agency is acting on behalf of a child who is suitable | 25 |
for adoption, to the agency to assist in finding prospective adopters | |
with whom it would be appropriate for the child to be placed, | |
(b) where an adoption agency is acting on behalf of prospective adopters | |
who are suitable to adopt a child, to the agency to assist in finding a | |
child appropriate for adoption by them. | 30 |
(3) Prescribed information entered in the register, or compiled from information | |
entered in the register, may be disclosed by the Secretary of State or the | |
registration organisation to any prescribed person for use for statistical or | |
research purposes, or for other prescribed purposes. | |
(4) An Order under section 121 may prescribe the steps to be taken by adoption | 35 |
agencies in respect of information received by them by virtue of subsection (2). | |
(5) Subsection (1) does not apply — | |
(a) to a disclosure of information with the authority of the Secretary of | |
State, or | |
(b) to a disclosure by the registration authority of prescribed information | 40 |
to the Scottish Ministers (if the register applies to Scotland) or the | |
Assembly (if the register applies to Wales). | |
(6) Information disclosed to any person under subsection (2) or (3) may be given | |
on any prescribed terms or conditions. | |
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(7) An Order under section 121 may, in prescribed circumstances, require a | |
prescribed fee to be paid to the Secretary of State or the registration | |
organisation— | |
(a) by a prescribed adoption agency in respect of information disclosed | |
under subsection (2), or | 5 |
(b) by a person to whom information is disclosed under subsection (3). | |
(8) If any information entered in the register is disclosed to a person in | |
contravention of subsection (1), the person disclosing it is guilty of an offence. | |
(9) A person guilty of an offence under subsection (8) is liable on summary | |
conviction to imprisonment for a term not exceeding three months, or a fine not | 10 |
exceeding level 5 on the standard scale, or both. | |
126 Territorial application | |
(1) In this group of sections, “adoption agency” means— | |
(a) a local authority in England, | |
(b) a registered adoption society, where the registration authority is the | 15 |
National Care Standards Commission. | |
(2) An Order under section 121 may provide for any requirements imposed on | |
adoption agencies in respect of the register to apply— | |
(a) to Scottish local authorities and to voluntary organisations providing a | |
registered adoption service, | 20 |
(b) to local authorities in Wales and to registered adoption societies, where | |
the registration authority is the Assembly, | |
and, in relation to the register, references to adoption agencies in this group of | |
sections include any authorities or societies mentioned in paragraphs (a) and | |
(b) to which an Order under that section applies those requirements. | 25 |
(3) For the purposes of this group of sections, references to the register applying | |
to Scotland or Wales are to those requirements applying as mentioned in | |
paragraph (a) or, as the case may be, (b) of subsection (2). | |
(4) An Order under section 121 may apply any provision made by virtue of section | |
123— | 30 |
(a) to Scottish local authorities and to voluntary organisations providing a | |
registered adoption service, | |
(b) to local authorities in Wales and to registered adoption societies, where | |
the registration authority is the Assembly. | |
(5) For the purposes of this group of sections, references to any payment agency | 35 |
provision applying to Scotland or Wales are to provision made by virtue of | |
section 123 applying as mentioned in paragraph (a) or, as the case may be, (b) | |
of subsection (4). | |
127 Supplementary | |
(1) In this group of sections— | 40 |
(a) “organisation” includes a public body and a private or voluntary | |
organisation, | |
(b) “prescribed” means prescribed by an Order under section 121, | |
(c) “the register” means the Adoption and Children Act Register, | |
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(d) “Scottish local authority” means a local authority within the meaning of | |
the Regulation of Care (Scotland) Act 2001 (asp 4), | |
(e) “voluntary organisation providing a registered adoption service” has | |
the same meaning as in section 140(3). | |
(2) For the purposes of this group of sections— | 5 |
(a) a child is suitable for adoption if an adoption agency is satisfied that the | |
child ought to be placed for adoption, | |
(b) prospective adopters are suitable to adopt a child if an adoption agency | |
is satisfied that they are suitable to have a child placed with them for | |
adoption. | 10 |
(3) Nothing authorised or required to be done by virtue of this group of sections | |
constitutes an offence under section 92, 93 or 94. | |
(4) No recommendation to make an Order under section 121 is to be made to Her | |
Majesty in Council unless a draft has been laid before and approved by | |
resolution of each House of Parliament. | 15 |
(5) If any provision made by an Order under section 121 would, if it were included | |
in an Act of the Scottish Parliament, be within the legislative competence of | |
that Parliament, no recommendation to make the Order is to be made to Her | |
Majesty in Council unless a draft has been laid before, and approved by | |
resolution of, the Parliament. | 20 |
(6) No recommendation to make an Order under section 121 containing any | |
provision in respect of the register is to be made to Her Majesty in Council if | |
the register applies to Wales or the Order would provide for the register to | |
apply to Wales, unless a draft has been laid before, and approved by resolution | |
of, the Assembly. | 25 |
(7) No recommendation to make an Order under section 121 containing any | |
provision by virtue of section 123 is to be made to Her Majesty in Council if any | |
payment agency provision applies to Wales or the Order would provide for | |
any payment agency provision to apply to Wales, unless a draft has been laid | |
before, and approved by resolution of, the Assembly. | 30 |
Other miscellaneous provisions | |
128 Amendment of Adoption (Scotland) Act 1978: contravention of sections 30 to | |
36 of this Act | |
After section 29 of the Adoption (Scotland) Act 1978 (c. 28) there is inserted— | |
“29A Contravention of sections 30 to 36 of Adoption and Children Act 2002 | 35 |
(1) A person who contravenes any of the enactments specified in | |
subsection (2) is guilty of an offence and liable on summary conviction | |
to imprisonment for a term not exceeding three months, or a fine not | |
exceeding level 5 on the standard scale, or both. | |
(2) Those enactments are— | 40 |
(a) section 30(1), (2) and (3) (removal of child placed or who may be | |
placed for adoption), | |
(b) sections 32(2)(b), 33(2) and 35(2) (return of child by prospective | |
adopters), | |
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(c) section 34(1) (removal of child in contravention of placement | |
order), | |
(d) section 36(1) (removal of child in non-agency case), and | |
(e) section 36(5) (return of child to parent or guardian), | |
of the Adoption and Children Act 2002.” | 5 |
129 Scottish restriction on bringing children into United Kingdom | |
(1) For section 50A of the Adoption (Scotland) Act 1978 (c. 28) (restriction on | |
bringing children into the United Kingdom for adoption) there is substituted— | |
“50A Restriction on bringing children into the United Kingdom | |
(1) This section applies where a person who is habitually resident in the | 10 |
British Islands (the “British resident”)— | |
(a) brings, or causes another to bring, a child who is habitually | |
resident outside the British Islands into the United Kingdom for | |
the purpose of adoption by the British resident; or | |
(b) at any time brings, or causes another to bring, into the United | 15 |
Kingdom a child adopted by the British resident under an | |
external adoption effected within the period of six months | |
ending with that time. | |
(2) In subsection (1) above the references to adoption, or to a child adopted, | |
by the British resident include a reference to adoption, or to a child | 20 |
adopted, by the British resident and another person. | |
(3) This section does not apply if— | |
(a) the adopters or (as the case may be) prospective adopters are | |
natural parents (whether or not they have parental | |
responsibilities or parental rights in relation to the child), | 25 |
natural relatives or guardians of the child (or one of them is); | |
(b) the British resident is a step-parent of the child; | |
(c) the child is intended to be adopted under a Convention | |
adoption order. | |
(4) An external adoption means an adoption, other than a Convention | 30 |
adoption, of a child effected under the law of any country or territory | |
outside the British Islands, whether or not the adoption is— | |
(a) an adoption within the meaning of Part IV; or | |
(b) a full adoption (as defined in section 39(2A)). | |
(5) Regulations may require a person intending to bring, or to cause | 35 |
another to bring, a child into the United Kingdom in circumstances | |
where this section applies— | |
(a) to apply to an adoption agency in the prescribed manner for an | |
assessment of his suitability to adopt the child; and | |
(b) to give the agency any information it may require for the | 40 |
purpose of the assessment. | |
(6) Regulations may require prescribed conditions to be met in respect of a | |
child brought into the United Kingdom in circumstances where this | |
section applies. | |
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(7) In relation to a child brought into the United Kingdom for adoption in | |
circumstances where this section applies, regulations may provide for | |
any provision of Part II of this Act to apply with modifications or not to | |
apply. | |
(8) If a person brings, or causes another to bring, a child into the United | 5 |
Kingdom at any time in circumstances where this section applies, he is | |
guilty of an offence if— | |
(a) he has not complied with any requirement imposed by virtue of | |
subsection (5); or | |
(b) any condition required to be met by virtue of subsection (6) is | 10 |
not met, | |
before that time, or before any later time which may be prescribed. | |
(9) A person guilty of an offence under this section is liable— | |
(a) on summary conviction to imprisonment for a term not | |
exceeding six months, or a fine not exceeding the statutory | 15 |
maximum, or both; | |
(b) on conviction on indictment, to imprisonment for a term not | |
exceeding twelve months, or a fine, or both. | |
(10) In this section, “prescribed” means prescribed by regulations and | |
“regulations” means regulations made by the Scottish Ministers.”. | 20 |
(2) In section 65 of that Act (interpretation), in subsection (1), in the definition of | |
“adoption agency”, for “and 27” there is substituted “, 27 and 50A”. | |
130 Amendment of Adoption (Scotland) Act 1978: overseas adoptions | |
In section 65 of the Adoption (Scotland) Act 1978 (c. 28) (interpretation), for | |
subsection (2) there is substituted— | 25 |
“(2) In this Act, “overseas adoption” — | |
(a) means an adoption of a description specified in an order made | |
by the Scottish Ministers, being a description of adoptions | |
effected under the law of any country or territory outside the | |
British Islands, but | 30 |
(b) does not include a Convention adoption. | |
(2A) The Scottish Ministers may by regulations prescribe the requirements | |
that ought to be met by an adoption of any description effected after the | |
commencement of the regulations for it to be an overseas adoption for | |
the purposes of this Act. | 35 |
(2B) At any time when such regulations have effect, the Scottish Ministers | |
must exercise their power under subsection (2) so as to secure that | |
subsequently effected adoptions of any description are not overseas | |
adoptions for the purposes of this Act if they consider that such | |
adoptions are not likely within a reasonable time to meet the prescribed | 40 |
requirements. | |
(2C) An order under subsection (2) may contain provision as to the manner | |
in which evidence of any overseas adoption may be given. | |
(2D) In subsections (2) to (2C), “adoption” means the adoption of a child or | |
of a person who was a child at the time the adoption was applied for.” | 45 |
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