Adoption and Children Bill - continued        House of Commons

back to previous text
 
 
 

 
 
 
SCHEDULE 3
 
  TRANSITIONAL PROVISIONS AND SAVINGS
 
General rules for continuity
     1. - (1) Any reference (express or implied) in Part I or any other enactment, instrument or document to-
 
 
    (a) any provision of Part I, or
 
    (b) things done or falling to be done under or for the purposes of any provision of Part I,
       must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.
 
      (2) Any reference (express or implied) in any enactment, instrument or document to-
 
 
    (a) a provision repealed by this Act, or
 
    (b) things done or falling to be done under or for the purposes of such a provision,
       must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of Part I has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.
 
 
General rule for old savings
     2. - (1) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.
 
      (2) The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.
 
 
Pending applications for freeing orders
     3. Nothing in this Act affects any application for an order under section 18 of the Adoption Act 1976 (freeing for adoption) where-
 
 
    (a) the application has been made and has not been disposed of immediately before the repeal of that section, and
 
    (b) the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.
 
Freeing orders
     4. - (1) Nothing in this Act affects any order made under section 18 of the Adoption Act 1976, and sections 20 and 21 of that Act are to continue to have effect in relation to such an order.
 
      (2) Section 20 of that Act, as it has effect by virtue of this paragraph, is to apply as if, in subsection (3)(c) after "1989" there were inserted-
 
 
      "(iia) any care order, within the meaning of that Act".
      (3) Where a child is free for adoption by virtue of an order made under section 18 of that Act, the third condition in section 39(6) is to be treated as satisfied.
 
 
Pending applications for adoption orders
     5. Nothing in this Act affects any application for an adoption order under section 12 of the Adoption Act 1976 where-
 
 
    (a) the application has been made and has not been disposed of immediately before the repeal of that section, and
 
    (b) the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.
 
Notification of adoption applications
     6. Where a notice given in respect of a child by the prospective adopters under section 22(1) of the Adoption Act 1976 is treated by virtue of paragraph 1(1) as having been given for the purposes of section 37(2) in respect of an application to adopt the child, section 34(2) has effect in relation to their application for an adoption order as if for "six months" there were substituted "twelve months".
 
 
Legitimated persons
     7. Where any person legitimated by virtue of section 1 of the Legitimacy Act 1959 had been adopted by his natural parents before the commencement of that Act, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke that order.
 
 
Status
     8. In section 50(1)(a) references to an adoption order include adoption by an order made under the Adoption Act 1976, the Children Act 1975, the Adoption Act 1958, the Adoption Act 1950 or any enactment repealed by the Adoption Act 1950.
 
     9. - (1) Section 51-
 
 
    (a) does not apply to a pre-1976 instrument or enactment in so far as it contains a disposition of property, and
 
    (b) does not apply to any public general Act in its application to any disposition of property in a pre-1976 instrument or enactment.
      (2) Section 57 applies in relation to this paragraph as if this paragraph were contained in Chapter IV of Part I; and an instrument or enactment is a pre-1976 instrument or enactment for the purposes of this Schedule if it was passed or made at any time before 1st January 1976.
 
     10. Section 39 of the Adoption Act 1976 is to continue to apply as respects things done, or events occurring, before the day which is the appointed day for the purposes of Chapter IV of Part I.
 
     11. Section 53 does not apply to a pre-1976 instrument.
 
     12. In section 54(1), the reference to Part III of the Family Law Reform Act 1987 includes Part II of the Family Law Reform Act 1969.
 
 
The Child Abduction Act 1984
     13. Paragraphs 20 to 22 of Schedule 2 do not affect the Schedule to the Child Abduction Act 1984 in its application to a child who is the subject of-
 
 
    (a) an order under section 18 of the Adoption Act 1976 freeing the child for adoption,
 
    (b) a pending application for such an order, or
 
    (c) a pending application for an order under section 12 of that Act.
 
The Courts and Legal Services Act 1990
     14. Paragraph 47 of Schedule 2 does not affect section 58A(2)(b) of the Courts and Legal Services Act 1990 in its application to proceedings under the Adoption Act 1976.
 
 
The Children (Scotland) Act 1995
     15. Paragraph 51 of Schedule 2 does not affect section 86(6) of the Children (Scotland) Act 1995 in its application to a child who becomes the subject of an order under section 18 or 55 of the Adoption Act 1976 by virtue of an application made before the repeal of that section.
 
 
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