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Amendment Paper as at
Monday 20th May 2002

CONSIDERATION OF BILL


ADOPTION AND CHILDREN BILL, AS AMENDED

NOTE

The Amendments have been arranged in accordance with the Orders of the House (20th March and 16th May).

   

Mr Secretary Milburn

59

Page     44,     line     21     [Clause     81],      after 'are' insert 'natural'.

   

Mr Secretary Milburn

60

Page     44,     line     22     [Clause     81],     at beginning insert 'natural'.

   

Mr Secretary Milburn

61

Page     44,     line     42     [Clause     81],     at end insert—

'(b) if notice of intention to adopt has been given, impose functions in respect of the child on the local authority to which the notice was given'.


   

Mr Secretary Milburn

29

Page     46,     line     21     [Clause     83],     leave out subsection (5) and insert—

    '()   A person is not guilty of an offence under subsection (4) of causing a person to take any step mentioned in paragraph (a) or (b) of subsection (3) unless it is proved that he knew or had reason to suspect that the step taken would contravene subsection (1).

       But this subsection only applies if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned'.

   

Mr Secretary Milburn

298

Page     46,     line     40     [Clause     84],     leave out from 'adoption"' to end of line 10 on page 47 and insert '—

(a) means an adoption of a description specified in an order made by the Secretary of State, being a description of adoptions effected under the law of any country or territory outside the British Islands, but

(b) does not include a Convention adoption.

    (2)   Regulations may 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.

    (3)   At any time when such regulations have effect, the Secretary of State must exercise his powers under this section so as to secure that subsequently effected adoptions of any description are not overseas adoptions for the purposes of this Act if he considers that they are not likely within a reasonable time to meet the prescribed requirements.

    (3A)   In this section references to this Act include the Adoption Act 1976.'.


   

Mr Secretary Milburn

299

Page     47,     line     12     [Clause     84],     at end insert—

    '( )   In this section—

"adoption" means an adoption of a child or of a person who was a child at the time the adoption was applied for,"regulations" means regulations made by the Secretary of State after consultation with the Assembly.'.


   

Mr Secretary Milburn

255

Page     48,     line     14     [Clause     87],     at end insert—

' "Prescribed" means prescribed by rules.'.   

Mr Secretary Milburn

38

Page     48,     line     28     [Clause     88],     leave out 'colony' and insert 'British overseas territory'.


   

Mr Secretary Milburn

27

Page     69,     line     6     [Clause     121],     leave out 'parents,' and insert 'natural parents (whether or not they have parental responsibilities or parental rights in relation to the child), natural'.

   

Mr Secretary Milburn

28

Page     69,     line     24     [Clause     121],     at end insert—

    '()   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.'


   

Mr Secretary Milburn

305

Page     70,     line     1     [Clause     122],     leave out from first 'adoption" ' to end of line 11 and insert '—

(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

(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.

    (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 requirements.'.

   

Mr Secretary Milburn

306

Page     70,     [Clause     122],     leave out lines 14 to 19 and insert—

    '(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.'.


   

Mr Secretary Milburn

39

Page     71,     line     6     [Clause     125],     leave out subsection (3) and insert—

    '( )   The British Nationality Act 1981 is amended as follows.

    ( )   In section 1 (acquisition of British citizenship by birth or adoption)—

(a) in subsection (5), at the end of paragraph (b) there is inserted "effected under the law of a country or territory outside the United Kingdom",

(b) at the end of subsection (5A)(b) there is inserted "or in a designated territory",

(c) in subsection (8), the words following "section 50" are omitted.

    ( )   In section 15 (acquisition of British overseas territories citizenship)—

(a) after subsection (5) there is inserted—

          "(5A)   Where—

      (a) a minor who is not a British overseas territories citizen is adopted under a Convention adoption,

(b) on the date on which the adoption is effected—

(i) the adopter or, in the case of a joint adoption, one of the adopters is a British overseas territories citizen, and

(ii) the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in a designated territory, and

(c) the Convention adoption is effected under the law of a country or territory outside the designated territory,

    the minor shall be a British overseas territories citizen as from that date.",

(b) in subsection (6), after "order" there is inserted "or a Convention adoption".

    ( )    In section 50 (interpretation), in subsection (1)—

(a) after the definition of "company" there is inserted—

      "'Convention adoption'" means an adoption effected under the law of a country or territory in which the Convention is in force, and certified in pursuance of Article 23(1) of the Convention",

      (b) after the definition of "'Crown service under the government of the United Kingdom'" there is inserted—

      "designated territory" means a qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, which is designated by Her Majesty by Order in Council under subsection (14)".    ( )   After subsection (13) of that section there is inserted—

              "(14)   For the purposes of the definition of "designated territory" in subsection (1), an Order in Council may—

          (a) designate any qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, if the Convention is in force there, and

      (b) make different designations for the purposes of section 1 and section 15;

    and, for the purposes of this subsection and the definition of "Convention adoption" in subsection (1), "the Convention" means the Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993.

    An Order in Council under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament".'.


NEW CLAUSES RELATING TO PART 1

Proceedings in Great Britain

   

Mr Secretary Milburn

NC14

To move the following Clause:—

    'Proceedings for an offence by virtue of section 9, 57, 90, 91, 92 or 119—

(a) may not be brought more than six years after the commission of the offence but, subject to that,

(b) may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

      In relation to Scotland, "the prosecutor" is to be read as "the procurator fiscal".'.


Right to obtain information: adult siblings

   

Dr Liam Fox
Tim Loughton
Mr Oliver Heald
Mr Simon Burns
David Maclean

NC1

To move the following Clause:—

    '(1)   Adult siblings by birth of adopted adults who have been adopted at any time from the enactment of the Adoption Act 1926 shall have the right to make an application to an adoption agency, as specified in regulations, to obtain the information under section 77 relating to his relative who was adopted.

    (2)   The agency shall make enquiries as necessary to establish the views of the adopted person concerning the disclosure of information to the relative.

    (3)   The information applied for shall be supplied by the agency to the applicant unless either—

(a) the adopted person has refused consent to the disclosure , or

(b) the agency obtains an order from the High Court which authorises the agency not to disclose the information requested.

    (4)   The High Court may make an order on an application by the appropriate adoption agency, if satisfied that the circumstances are exceptional.'.

 
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