The Adoption (Intercountry Aspects) Act 1999 (Commencement No. 9) Order 2003

Statutory Instruments

2003 No. 362 (C. 22)

CHILDREN AND YOUNG PERSONS

The Adoption (Intercountry Aspects) Act 1999 (Commencement No. 9) Order 2003

Made

13th February 2003

The Secretary of State for Health, in exercise of the powers conferred on him by section 18(3) of the Adoption (Intercountry Aspects) Act 1999(1), after consultation with the National Assembly for Wales(2), hereby makes the following Order:—

Citation and interpretation

1.—(1) This Order may be cited as the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 9) Order 2003.

(2) In this Order “the Act” means the Adoption (Intercountry Aspects) Act 1999.

Appointed day

2.  1st June 2003 is the appointed day for the coming into force of the following provisions of the Act—

(a) section 7 (acquisition of British citizenship by Convention adoptions);

(b) Schedule 2, paragraph 2 and section 15 (amendment to the Immigration Act) in so far as it relates to that paragraph.

Signed by authority of the Secretary of State for Health

Jacqui Smith

Minister of State,

Department of Health

13th February 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st June 2003 section 7 of the Adoption (Intercountry Aspects) Act 1999. Section 7 amends the British Nationality Act 1981 in respect of the acquisition of British citizenship by Convention adoptions. The British Nationality Act 1981 extends to the United Kingdom, the Channel Islands, the Isle of Man and British overseas territories.

This Order also brings into force on 1st June 2003 Schedule 2 paragraph 2 and section 15 in so far as it relates to that paragraph. Schedule 2 makes minor and consequential amendments to the Immigration Act 1971. The amendments to the Immigration Act 1971 extend to the United Kingdom, the Channel Islands and the Isle of Man.

This Order enables full effect to be given to the Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption which was concluded at the Hague on 29th May 1993 (“the Convention”).

It is the intention that the UK will ratify the Convention on 1st June 2003.

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:—

Provision	Date of Commencement	S.I. No.
Note: The date for commencement of those provisions marked with an asterisk has not yet been reached.
Section 1 and Schedule 1 as to England and Wales	23 January 2003	2003/189
Section 1 as to Scotland	14 January 2003	2002/562
Section 2(1) as to England and Wales*	1 June 2003	2003/189
Section 2(4) as to England and Wales*	1 June 2003	2003/189
Section 3 (partially) as to England and Wales	23 January 2003	2003/189
Section 3 (fully)* as to England and Wales	1 June 2003	2003/189
Section 4 as to England and Wales*	1 June 2003	2003/189
Section 6 as to England and Wales*	1 June 2003	2003/189
Section 8 (partially) as to England and Wales	23 January 2003	2003/189
Section 8 (fully) as to England and Wales*	1 June 2003	2003/189
Section 9 as to England and Wales	30 April 2001	2001/1279
Section 9 as to Scotland	14 June 2001	2001/235
Section 12 as to Scotland	14 January 2003	2002/562
Section 12 (partially) as to England and Wales	23 January 2003	2003/189
Section 12 (fully) as to England and Wales*	1 June 2003	2003/189
Section 13 (partially) as to England and Wales	31 January 2000	2000/52
Section 13 (partially) as to Scotland	10 November 2000	2000/2821
Section 14 as to England and Wales	30 April 2001	2001/1279
Section 14 as to Scotland	14 June 2001	2001/235
Section 16(1)	23 January 2003	2003/189
Section 16(2)	16 October 2000	2000/2821
Section 17 as to England and Wales*	1 June 2003	2003/189

(1)

1999 c. 18.

(2)

By virtue of section 16(1) of the Act any function of the Secretary of State under section 18(3) is exercisable only after consultation with the National Assembly for Wales.