In regulation 4 (application of certain provisions of the 1987 Order subject to modifications), for “the 1987 Order” substitute
In the heading of that regulation, for “the 1987 Order” substitute
For Schedule 3 (application and modification of Adoption (Northern Ireland) Order 1987 in respect of parental orders and applications for such orders) substitute—
The provisions of the 2022 Act set out in the following paragraphs have effect in relation to parental orders and applications for parental orders subject to the modifications set out in those paragraphs. Section1 (considerations applying to the exercise of powers) is modified as follows. The section has effect as if the words “or adoption agency” were omitted on each occasion they appear. Subsection (1) has effect as if for “the adoption of” there were substituted Subsection (4) has effect as if— the words “or agency” were omitted on each occasion they appear; in paragraph (c), for “an adopted person” there were substituted in paragraph (g), the words from “including” to “regarding the child” were omitted. The section has effect as if subsection (5) were omitted. Subsection (6) has effect as if there were substituted— The court must always consider the whole range of powers available to it in the child’s case (whether under section 54 or section 54A (as the case may be) of the 2008 Act, under this Act (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations) or under the Children Order); and the court must not make an order under either of those sections or under this Act asso applied unless it considers that making the order would be better for the child than not doing so. Subsection (7) has effect as if— for “the adoption of” there were substituted in paragraph (a) for the words from “include” to “variation of such an order);” there were substituted in paragraph (b)— the words “adoption agency or” were omitted; and after “this Act” the words Section 2(2) has effect without modification. Section 3 has effect without modification. Section33(1), (6) and (7) (restrictions on removal) is modified as follows. Where an application for a parental order is made under section 54 of the 2008 Act (parental orders: two applicants), subsection (1) has effect as if— the words from “(“the people concerned”)” to “people concerned” were omitted; for paragraph (a) there were substituted— who have applied for a parental order under section 54 of the 2008 Act in respect of the child and the application has not been disposed of; paragraphs (b) and (c) were omitted; and for the words from “group of sections” to the end there were substituted Where an application for a parental order is made under section 54A of the 2008 Act (parental orders: one applicant), subsection (1) has effect as if there were substituted— At any time when a child’s home is with a person who has applied for a parental order under section 54A of the 2008 Act in respect of the child, and the application has not been disposed of, a person may remove the child only in accordance with the provisions of this section and section34 (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations). Subsection (6) has effect as if— paragraph (a) were omitted; and in paragraph (b), after “this section,” there were inserted Subsection (7) has effect as if for “This group of sections applies” there were substituted Section 34 (applications for adoption) has effect in respect of a parental order as if for “section 33(1)(a),” there were substituted Section38 (recovery orders) is modified as follows. Subsection (1) has effect as if— for “any of the preceding provisions of this Chapter” there were substituted paragraph (b) were omitted. Subsection (2) has effect as if after “subsection (4)” there were inserted Subsection (4) has effect as if— after “subsection (2)” there were inserted paragraph (c) were omitted. Section43(1) to (4) (adoption orders) is modified as follows. Subsection (1) has effect as if there were substituted— A parental order is an order transferring parental responsibility for a child to whom the order applies to the person or persons (as the case may be) who obtained the order. Subsection (2) has effect as if— in the opening words, for “an adoption” there were substituted in paragraph (a)— for “adopters or adopter” there were substituted for “adopted child” there were substituted in paragraph (d), the word “adopted” were omitted and for “adoption” there were substituted Subsection (3) has effect as if— in the opening words, for “an adoption” there were substituted paragraph (b) were omitted. Section 45 (restrictions on making adoption orders) is modified as follows. Subsection (1) has effect as if— for “an adoption order” there were substituted after “subsection (2)” there were inserted Subsection (2) has effect as if for paragraphs (a) and (b) there were substituted Section 59(1) and (4) (disclosing information to adopted child) is modified as follows. Subsection (1) has effect as if for “an adopted person” there were substituted Subsection (4) has effect as if— the words “adopted” and “also” were omitted; for “adoption order” and “adoption” there were substituted at the end there were inserted— , but the court must not provide a copy of any prescribed document or prescribed order to the person unless that person certifies that they have— been informed about the availability of services providing counselling in relation to the implications of compliance with the request; and been given a suitable opportunity to receive counselling. Section 63(1) (other provisions to be made by regulations) has effect as if— for “this group of sections” there were substituted paragraphs (a) and (c) were omitted. Section 64 (sections 56 to 65: interpretation) has effect as if there were substituted— In this group of sections “ Section 66 has effect as if there were substituted— A person to whom a parental order applies is to be treated in law as the child of the person or persons (as the case may be) who obtained that order, and, if more than one person, is to be treated as the child of the relationship of those persons. A person to whom a parental order applies is to be treated in law as not being the child of any person other than the person or persons (as the case may be) who obtained that order, but this subsection does not affect any reference in this Act to a person’s natural parent or to any other natural relationship. Where a parental order is granted under section 54A of the 2008 Act to a person who is a natural parent of the person to whom the order applies, subsection (2) has no effect as respects entitlement to property depending on relationship to that parent, or as respects anything else depending on that relationship. This section has effect from the date of the parental order. Subject to the provisions of this Chapter (as applied with modifications by regulation 4 of and Schedule 3 to the Parental Order Regulations) this section— applies for the interpretation of statutory provisions or instruments passed or made before as well as after the making of the parental order, and so applies subject to any contrary indication, and has effect as respects things done, or events occurring, on or after the making of the parental order. Section 67(3) (adoptive relatives) has effect as if it applies in the case of a parental order under section 54 of the 2008 Act and as if for the words from “adoptive mother” onwards there were substituted Section 68 (rules of interpretation for instruments concerning property) is modified as follows. Subsection (1) has effect as if the words “and to Schedule 4” were omitted. Subsection (2) has effect as if— after “and (2)” there were inserted for “adoptive parent or parents” there were substituted in paragraph (a)— for “adopted person” there were substituted for “adoption” there were substituted in paragraph (b), for “adopted” there were substituted Subsection (3) has effect as if, in the note, after “subsection (2)” there were inserted Subsection (4) has effect as if— after “Section 66(3)” there were inserted for “adopted person” in both places where the words appear there were substituted for “adoption” there were substituted Subsection (5) has effect as if— in paragraph (a), for “adopt” there were substituted in paragraph (b)— after “section 66” there were inserted in the case of a parental order obtained under section 54 of the 2008 Act, for the words from “as her child” to “the instrument” there were substituted in the case of a parental order obtained under section 54A of the 2008 Act, the words following “as her child” up to and including “one of the couple” were omitted. Section70 (property devolving with peerages etc) is modified as follows. The section has effect as if for the words “an adoption” in each place they appear there were substituted Subsection (3) has effect as if after “Subsection (2)” there were inserted Section 72 (meaning of disposition) has effect as if in subsections (1) and (3), after the words “this Chapter” there were inserted Section73 (miscellaneous) is modified as follows. The section has effect as if after the words “Section66” in both places they appear there were inserted Subsection (1) has effect as if after “not apply” there were inserted Section 74 (pensions) has effect as if for “person’s adoption” there were substituted Section 75(1) (insurance) has effect as if— for “is adopted whose” there were substituted for “adoption” there were substituted for the words “adoptive parents” in both places they appear there were substituted in paragraph (b), for “are to be” there were substituted Section76 (adopted children register) is modified as follows. Section76 has effect as if for the words “Adopted Children Register” in each place they appear there were substituted Subsection (3) has effect as if— in paragraph (a), for “adoption orders” there were substituted in paragraph (b), after “Schedule 1” there were inserted Subsection (4) has effect as if for “adoption” there were substituted Subsection (5) has effect as if for the words “adopted person” in each place they appear there were substituted Subsection (6) has effect as if for “adoptions” and for “adoption orders” there were substituted Subsection (9) has effect as if for “the adoption of a child” there were substituted Section77 (searches and copies) is modified as follows. The section has effect as if for the words “Adopted Children Register” in each place they appear there were substituted Subsection (3) has effect as if for “an adopted person” there were substituted Section78(1) to (3) and (7) to (9) (connections between the register and birth records) is modified as follows. Subsection (1) has effect as if— for “marked “Adopted”” there were substituted for “Adopted Children Register” there were substituted Subsection (2) has effect as if after “subsection (1)” there were inserted Subsection (3) has effect as if— for “an adopted person” there were substituted for “the adopted person’s” there were substituted Subsection (7) has effect as if for “an adopted person” there were substituted Subsection (8) has effect as if for “any prescribed fee which the Registrar General has demanded must be paid, but this does not apply to an application under subsection (7)” there were substituted— any prescribed fee which the Registrar General has demanded must be paid, but this does not apply to an application under subsection (7); and the applicant must— be informed about the availability of services providing counselling in relation to the implications of compliance with the request; and be given a suitable opportunity to receive counselling. Subsection (9) has effect as if the definition of “appointed day” were omitted. Section 81 (interpretation) has effect in respect of a parental order without modification. Section82(1), (5), (7) and (8) (restriction on bringing children in) is modified as follows. Subsection (1) has effect as if— paragraph (b) were omitted; for the word “adoption” in each place it appears there were substituted the words “or to a child adopted” in each place they appear were omitted. Subsection (5) has effect as if for “this section applies” there were substituted Subsection (7) has effect as if— for “this section applies” there were substituted paragraph (a) were omitted. Section 105(1) (privacy) has effect as if after “this Act” there were inserted Section106(1) to (3) and (5) to (7) (children’s court guardians) is modified as follows. Subsection (1) has effect as if the words “in prescribed cases” were omitted. Subsection (5) has effect as if there were substituted— In this section, “ Section108(1) (evidence of consent) has effect as if after “this Part” there were inserted Section108(2) has effect without modification. Section109(3) and (5) (effect of certain Scottish orders and provisions) is modified as follows. Subsection (3) has effect as if after “(4)” there were inserted Subsection (5) has effect as if— after “certain provisions)” there were inserted after “this Act” there were inserted Section110(2) and (3) (effect of certain orders made in England and Wales) is modified as follows. Subsection (2) has effect as if after “(3)” there were inserted Subsection (3) has effect as if paragraphs (a) and (b) were omitted. Section111 (use of adoption records from Great Britain, etc.) is modified as follows. Paragraph (a) has effect as if after “2007” there were inserted Paragraph (b) has effect as if after “2002” there were inserted Paragraph (c) has effect as if after “this Act” there were inserted Section155(1) and (2) (regulations and orders) is modified as follows. Subsection (1) has effect as if the words “other than regulations to which subsection (2) applies” were omitted. Subsection (6) has effect as if after the words “this Act” there were inserted Section156 (rules of court) is modified as follows. Subsection (3) has effect as if— the words from “a placement order” to “order, or for an” were omitted; and for “adoption order” there were substituted The section has effect as if— for subsection (4) there were substituted— The persons referred to in subsection (3) are every person whose agreement is required by section 54(6) or 54A(5) of the 2008 Act. subsection (5) were omitted. Section159(1) and (2) (general interpretation) is modified as follows. Subsection (1) has effect as if— after “this Act” there were inserted the following definitions were inserted at the appropriate places— “ “ “ Subsection (2) has effect as if after “this Act” there were inserted Paragraph 1 of Schedule 1 (registrations of adoption orders) is modified as follows. Sub-paragraph (1) has effect as if— for “adoption order” there were substituted for “Adopted Children Register” there were substituted Sub-paragraph (2) has effect as if— for “an adoption order” there were substituted for “any adoption order” there were substituted for “marked with the word “Adopted”” there were substituted The paragraph has effect as if sub-paragraph (3) were omitted. Sub-paragraph (4) has effect as if for “an adoption order” there were substituted Paragraph 2 of Schedule 1 (registration of adoptions in Great Britain, the Isle of Man and the Channel Islands) is modified as follows. Sub-paragraph (1) has effect as if— for “Sub-paragraphs (2) and (3) apply” there were substituted for “adoptions” there were substituted for “an order has been made authorising the adoption of a child” there were substituted Sub-paragraph (2) has effect as if— for “Adopted Children Register” there were substituted for “the word “Adopted”” there were substituted The paragraph has effect as if sub-paragraph (3) were omitted. Sub-paragraph (4) has effect as if for “in sub-paragraphs (2) and (3)” there were substituted Sub-paragraph (5) has effect as if after “sub-paragraph (4)” there were inserted Paragraph 4 of Schedule 1 (amendment of orders and rectification of Registers and other records) is modified as follows. The paragraph has effect as if— for the words “an adoption order” in each place they appear there were substituted for the words “Adopted Children Register” in each place they appear there were substituted Sub-paragraph (1) has effect as if for “adopter or the adopted person” there were substituted Sub-paragraph (2) has effect as if— for “adopter or the adopted person” in the opening words there were substituted in heads (a) and (b), for “the adopted person” there were substituted Sub-paragraph (3) has effect as if— after “paragraph 1(2)” there were inserted the words “or (3)” were omitted. Sub-paragraph (4) has effect as if after “(1) to (3)” there were inserted Sub-paragraph (7) has effect as if after “section77(2)(b)” there were inserted The paragraph has effect as if sub-paragraphs (9) and (10) were omitted. Sub-paragraph (11) has effect as if the definition of “overseas register of births” were omitted.