Amendments proposed to the Adoption and Children Bill, As Amended - continued House of Commons

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Mr Hilton Dawson

132

Page     63,     line     5     [Clause     112],     at end insert—

    '(1B)   Regulations may be made by the Secretary of State requiring the local authority to arrange for the appointment of an independent advocate on receiving representations under subsection (1).'.

   

Mr Hilton Dawson

133

Page     63,     line     27     [Clause     112],     at end insert—

    '(3C)   Regulations may be made by the Secretary of State requiring the local authority to provide independent advocacy to looked after children who make a complaint under the Children Act 1989.'.


   

Mr Secretary Milburn

259

Page     64,     line     2     [Clause     113],     leave out from 'a' to end of line 3 and insert 'section 31A plan"'.

   

Mr Secretary Milburn

260

Page     64,     line     8     [Clause     113],     after 'plan' insert '("a care plan")'.

   

Mr Secretary Milburn

261

Page     64,     line     9     [Clause     113],     leave out from 'child' to end of line.

   

Mr Secretary Milburn

262

Page     64,     line     10     [Clause     113],     leave out from 'pending' to 'the' in line 11.

   

Mr Secretary Milburn

263

Page     64,     line     20     [Clause     113],     at end insert—

    '(6)   A plan prepared, or treated as prepared, under this section is referred to in this Act as a "section 31A plan"'.


NEW CLAUSE RELATING TO THE REMAINDER OF PART 3

Amendment of Adoption (Scotland) Act 1978: contravention of sections 29 to 35 of this Act

   

Mr Secretary Milburn

NC16

To move the following Clause:—

    'After section 29 of the Adoption (Scotland) Act 1978 there is inserted—

          "29AContravention of sections 29 to 35 of Adoption and Children Act 2002    (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—

          (a) section 29(1), (2) and (3) (removal of child placed or who may be placed for adoption),

          (b) sections 31(2)(b), 32(2) and 34(2) (return of child by prospective adopters),

          (c) section 33(1) (removal of child in contravention of placement order),

          (d) section 35(1) (removal of child in non-agency case), and

          (e) section 35(5) (return of child to parent or guardian),

        of the Adoption and Children Act 2002." '


   

Mr Secretary Milburn

271

Page     53,     line     28     [Clause     101],     after 'order' insert 'or an order under section 25 of the Adoption (Scotland) Act 1978 (interim adoption orders)'.


   

Mr Secretary Milburn

252

Page     54,     line     8     [Clause     102],     after 'order' insert 'or an order under Article 26 of the Adoption (Northern Ireland) Order 1987 (interim orders)'.

   

Mr Secretary Milburn

253

Page     54,     line     9     [Clause     102],     at end insert—

    '( )   An order made under Article 17 or 18 of the Adoption (Northern Ireland) Order 1987 (freeing orders), or the variation or revocation of such an order under Article 20 or 21of that Order, have effect in England and Wales as they have in Northern Ireland'.

   

Mr Secretary Milburn

247

Page     54,     line     30     [Clause     104],     leave out from 'provide' to 'any' in line 38 and insert—

      '(a) for a reference in any provision of this Act to an order of a court to include an order of a court in the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the order in question,

      (b) for a reference in any provision of this Act to an adoption agency to include a person who appears to the Secretary of State to exercise functions under the law of the Isle of Man or any of the Channel Islands which correspond to those of an adoption agency and for any reference in any provision of this Act to a child placed for adoption by an adoption agency to be read accordingly,

      (c) for a reference in any provision of this Act to an enactment (including an enactment contained in this Act) to include a provision of the law of the Isle of Man or any of the Channel Islands which appears to the Secretary of State to correspond in its effect to the enactment,

      (d) for any reference in any provision of this Act to the United Kingdom to include the Isle of Man or any of the Channel Islands.

    ( )   Regulations may modify any provision of this Act, as it applies to any order made, or other thing done, under the law of the Isle of Man or'.


   

Mr Secretary Milburn

280

Page     71,     line     14     [Clause     126],     after 'transitional' insert 'and transitory'.


   

Mr Secretary Milburn

295

Page     82,     [Schedule     3],     leave out lines 15 to 43 and insert—

     '2 In subsection (1) for "person or persons specified in subsection (1A) of this section" there is substituted "appropriate persons".

     For subsection (1A) there is substituted—

          "(1A)   The appropriate persons are—

          (a) if none of paragraphs (b) to (h) apply, each of the following—

          (i) any parent of the child who has parental responsibility for him; and

          (ii) any guardian of the child;

          (b) where a special guardianship order is in force with respect to a child, each of the child's special guardians, unless any of paragraphs (c) to (g) applies;

          (c) where a care order has effect with respect to the child, the local authority designated in the order, and each parent, guardian or special guardian (insofar as their parental responsibility has not been restricted under section 33(3) of the Children Act 1989), unless paragraph (e) applies;

          (d) where a residence order has effect with respect to the child, the persons with whom the child lives, or is to live, as a result of the order, unless paragraph (e) applies;

          (e) where an adoption agency is authorised to place the child for adoption under section 18 of the Adoption and Children Act 2002, that agency or, where a care order has effect with respect to the child, the local authority designated in the order;

          (f) where a placement order is in force with respect to the child, the appropriate local authority;

          (g) where a child has been placed for adoption with prospective adopters, the prospective adopters (insofar as their parental responsibility has not been restricted under section 24(4) of the Adoption and Children Act 2002), in addition to those persons specified in paragraph (e) or (f);

          (h) where none of paragraphs (b) to (g) apply but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the persons with whom he lived, or was to live, as a result of the order.".'.


   

Mr Secretary Milburn

296

Page     83,     line     6     [Schedule     3],     leave out 'by an adoption agency'.

   

Mr Secretary Milburn

297

Page     83,     line     11     [Schedule     3],     leave out from 'adoption' to end of line 12.


   

Mr Secretary Milburn

35

Page     84,     line     8     [Schedule     3],     leave out 'or' and insert 'sections 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or'.

   

Mr Secretary Milburn

36

Page     84,     line     14     [Schedule     3],     at end insert—

    '( ) in the entry relating to the Adoption (Intercountry Aspects) Act 1999—

        (i) in the first column, for "Section" there is substituted "Sections 1 and",

        (ii) in the second column, for "Article 9(a) to (c) of" there is substituted "regulations made under section 1 giving effect to" and at the end there is inserted "and functions under Article 9(a) to (c) of the Convention"'.


   

Mr Secretary Milburn

313

Page     85,     line     12     [Schedule     3],     at end insert—

     '20A In section 11 (restriction on arranging adoptions and placing of children)—

            (a)   in subsection (2)—

            (i) for paragraph (a) there is substituted—

          "(a) a registered adoption society (within the meaning of section 2(2) of the Adoption and Children Act 2002)"; and

            (ii) for "section 1" there is substituted "section 3(1)", and

            (b)   after subsection (2) there is inserted—

          "(2A)   In relation to the provision of any particular service by an adoption society, the reference in subsection (2)(a) to a registered adoption society does not include a voluntary organisation unless it is registered under Part 2 of the Care Standards Act 2000 in respect of that service or a service which, in England, corresponds to that service."

     20B In section 16 (parental agreement to adoption order)—

            (a)   in subsection (1)—

            (i) in paragraph (a), sub-paragraph (ii) is omitted, and

            (ii) after paragraph (a) there is inserted—

          "(aa) each parent or guardian of the child has consented under section 19 of the Adoption and Children Act 2002 (advance consent to adoption), has not withdrawn the consent and does not oppose the making of the adoption order;

          (ab) subsection (3A) applies and no parent or guardian of the child opposes the making of the adoption order", and

            (b)   after subsection (3) there is inserted—

          "(3A)   This subsection applies where—

          (a) the child has been placed for adoption by an adoption agency (within the meaning of section 2(1) of the Adoption and Children Act 2002) with the prospective adopters in whose favour the adoption order is proposed to be made; and

          (b) the child was placed for adoption—

          (i) under section 18 of that Act (placing children with parental consent) with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old; or

          (ii) under an order made under section 20 of that Act (placement orders) and the child was at least six weeks old when that order was made.

          (3B)   A parent or guardian may not oppose the making of an adoption order under subsection (1)(aa) or (ab) without the leave of the court.

          (3C)   The court shall not give leave under subsection (3B) unless satisfied that there has been a change of circumstances since the consent of the parent or guardian was given or, as the case may be, the order under section 20 of that Act was made.

          (3D)   The withdrawal of—

          (a) any consent to the placement of a child for adoption—

          (i) under section 18; or

          (ii) under an order made under section 20,

          of the Adoption and Children Act 2002; or

          (b) any consent given under section 19 of that Act,

        is ineffective if it is given after an application for an adoption order is made.".'

 
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