Adoption and Children Bill - continued        House of Commons
PART I, ADOPTION - continued

back to previous text
 
 
Evidence
Evidence of consent.     84. - (1) If a document signifying any consent which is required by this Part to be given is witnessed in accordance with rules, it is to be admissible in evidence without further proof of the signature of the person by whom it was executed.
 
      (2) A document signifying any such consent which purports to be witnessed in accordance with rules is to be presumed to be so witnessed, and to have been executed and witnessed on the date and at the place specified in the document, unless the contrary is proved.
 
 
Scotland, Northern Ireland and the Islands
Effect of certain Scottish orders and provisions.     85. - (1) A Scottish adoption order has effect in England and Wales as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.
 
      (2) An order made under section 18 of the Adoption (Scotland) Act 1978 (freeing orders), and the revocation or variation of such an order under section 20 or 21 of that Act, have effect in England and Wales as they have effect in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.
 
      (3) Any person who-
 
 
    (a) contravenes section 27(1) of that Act (removal where adoption agreed etc.), or
 
    (b) contravenes section 28(1) or (2) of that Act (removal where applicant provided home),
       is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or both.
 
      (4) Orders made under section 29 of that Act (order to return or not to remove child) are to have effect in England and Wales as if they were orders of the High Court under section 33 of this Act.
 
Effect of certain Northern Irish orders and provisions.     86. - (1) A Northern Irish adoption order has effect in England and Wales as it has in Northern Ireland.
 
      (2) Any person who-
 
 
    (a) contravenes Article 28(1) or (2) of the Adoption (Northern Ireland) Order 1987 (removal where adoption agreed etc.), or
 
    (b) contravenes Article 29(1) or (2) of that Order (removal where applicant provided home),
       is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or both.
 
      (3) Orders made under Article 30 of that Order (order to return or not to remove child) are to have effect in England and Wales as if they were orders of the High Court under section 33 of this Act.
 
Use of adoption records from other parts of the British islands.     87. Any document which is receivable as evidence of any matter-
 
 
    (a) in Scotland under section 45(2) of the Adoption (Scotland) Act 1978,
 
    (b) in Northern Ireland under Article 63(1) of the Adoption (Northern Ireland) Order 1987, or
 
    (c) in the Isle of Man or any of the Channel Islands under an enactment corresponding to section 61(3) of this Act,
       is also receivable as evidence of that matter in England and Wales.
 
Orders made in the Channel Islands or the Isle of Man.     88. - (1) Regulations may provide for orders prescribed by the regulations which-
 
 
    (a) are made by a court in the Isle of Man or in any of the Channel Islands, and
 
    (b) appear to the Secretary of State to correspond in their effect to orders which may be made under this Part,
       to have effect as if they were orders made under this Part of a kind prescribed by the regulations.
 
      (2) The regulations may modify any provision of this Part, as it applies to any order made in the Isle of Man or in any of the Channel Islands.
 
      (3) In this section, "regulations" means regulations made by the Secretary of State after consultation with the Assembly.
 
 
General
Avoiding delay.     89. - (1) In proceedings in which there may arise a question as to whether an adoption order or placement order should be made, or any other question with respect to such an order, the court must (in the light of any rules made by virtue of subsection (2))-
 
 
    (a) draw up a timetable with a view to determining such a question without delay, and
 
    (b) give such directions as it considers appropriate for the purpose of ensuring that the timetable is adhered to.
      (2) Rules may-
 
 
    (a) prescribe periods within which prescribed steps must be taken in relation to such proceedings, and
 
    (b) make other provision with respect to such proceedings for the purpose of ensuring that such questions are determined without delay.
Service of notices etc.     90. Any notice or information required to be given by virtue of this Act may be given by post.
 
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2001
Prepared 15 March 2001