11.—(1) A person other than an adoption agency shall not make arrangements for the adoption of a child, or place a child for adoption, unless—
(a)he is a parent of the child and the proposed adopter, or one of the proposed adopters, is a relative of the child; or
(b)he is acting in pursuance of an order of the High Court.
(2) An adoption society approved as respects England and WalesF1 under section 3 of the Adoption Act 1976 or as respects Scotland [F2a registered adoption service provided as mentioned in paragraph 8(1) of schedule 12 to the Public Services Reform (Scotland) Act 2010 and registered under Part 5 of that Act], but which is not[F3an appropriate voluntary organisation] , shall not act as an adoption society in Northern Ireland except to the extent that [F4it] considers it necessary to do so in the interests of a person mentioned in section 1 of that Act of 1976 or, as the case may be, [F5section 1(3) of the Adoption and Children (Scotland) Act 2007].
(3) A person who—
(a)takes part in the management or control of a body of persons which exists wholly or partly for the purpose of making arrangements for the adoption of children and[F6 which is not—
(i)[F7an] HSS trust; or
(ii)a voluntary adoption agency within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 in respect of which he is registered;]
; or
(b)contravenes paragraph (1); or
(c)receives a child placed with him in contravention of paragraph (1);
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.
(4) In any proceedings for an offence under paragraph (2)(a) proof of things done or of words written, spoken, or published (whether or not in the presence of any party to the proceedings) by any person taking part in the management or control of a body of persons, or in making arrangements for the adoption of children on behalf of the body, shall be admissible as evidence of the purpose for which that body exists.
Para. (5) rep by 1995 NI 2
F11976 c 36
F2Words in art. 11(2) substituted (15.7.2011) by Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), arts. 1(2), 2, Sch. 1 para. 11(3)(a)
F3Words in art. 11(2) substituted (29.10.2010) by virtue of Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), arts. 1(3), 50(1), Sch. 4; S.R. 2010/288, art. 3, Sch. 1
F4Words in art. 11(2) substituted (15.7.2011) by Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), arts. 1(2), 2, Sch. 1 para. 11(3)(b)
F5Words in art. 11(2) substituted (15.7.2011) by Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), arts. 1(2), 2, Sch. 1 para. 11(3)(c)
F6Words in art. 11(3)(a) substituted (29.10.2010) by Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), arts. 1(3), 50(1), Sch. 4; S.R. 2010/288, art. 3, Sch. 1
F7Word in art. 11(3)(a)(i) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 106; S.R. 2022/102, art. 2(b)