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The Adoption and Children Act 2002 (Commencement No. 1) (Scotland) Order 2005
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Scottish Statutory Instruments
2005 No. 643 (C.33)
CHILDREN AND YOUNG PERSONS
The Adoption and Children Act 2002 (Commencement No. 1) (Scotland) Order 2005
Made
14th December 2005
The Scottish Ministers, in exercise of the powers conferred on them by section 148(5) of the Adoption and Children Act 2002(1), and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, interpretation and extent
1.—(1) This Order may be cited as the Adoption and Children Act 2002 (Commencement No. 1) (Scotland) Order 2005.
(2) In this Order, “the Act” means the Adoption and Children Act 2002.
(3) This Order extends to Scotland only.
Appointed day for commencement of provisions
2. The appointed day for the coming into force of the following provisions of the Act is 30th December 2005–
(a)section 41(5) to (9), so far as relating to Scotland;
(b)section 132;
(c)paragraphs 21 to 35 and 82 to 84 of Schedule 3;
(d)paragraph 23 of Schedule 4;
(e)the entries in Schedule 5, so far as relating to the provisions mentioned in paragraph (c);
(f)section 139, so far as relating to the provisions mentioned in the preceding paragraphs.
ROBERT E BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
14th December 2005
Explanatory Note
(This note is not part of the Order)
This Order brings into force specified provisions in the Adoption and Children Act 2002 (“the 2002 Act”).
The 2002 Act largely extends to England and Wales only. By virtue of section 148(5) of the 2002 Act certain provisions, which are largely concerned with amendment of the Adoption (Scotland) Act 1978(2) to take account of the 2002 Act, are however to come into force on such day as the Scottish Ministers by order appoint.
This Order commences the provisions detailed, at 30th December 2005, enabling specified orders and associated provisions made under the 2002 Act, in relation to England and Wales, and which are also being commenced on 30th December 2005, to be recognised in Scotland, so that cross-border placements for adoption between England and Wales, and Scotland, continue as at present.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the 2002 Act have been or will be brought into force by commencement order made before the date of this Order. They are set out here for completeness. Sections 123 and 124 of the 2002 Act, which are included in the provisions brought into force by S.I. 2005/2213 (C.92), are being brought into force after consultation with the Scottish Ministers.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| [1] On the date this Commencement Order is made the commencement date of provisions marked * has not been reached. The other provisions noted have been commenced fully but for the sake of completeness the commencement dates have been set out. | ||
| [1]*Section 1 | 30th December 2005 | 2005/2213 (C.92) |
| Section 2(1) to (5), (7) and (8) | 7th December 2004 | 2004/3203 (C.139) |
| Section 2(6) in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| Section 2(6), (7) and (8) partially, in relation to England | 6th October 2003 | 2003/366 (C.24) |
| Section 2(6) in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 2(7) and (8) partially, in relation to Wales | 28th November 2003 | 2003/3079 (C.117) |
| *Section 3(1), (2), (5) and (6) | 30th December 2005 | 2005/2213 (C.92) |
| Section 3(3) and (4) partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| Section 3(3) and (4) in relation to Wales | 6th June 2005 | 2005/1206 (W.78)(C.54) |
| *Section 3(3) and (4) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Section 4(1)(a) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 4(1)(b) and (5) partially in relation to Wales | 7th February 2004 | 2004/252 (W.27)(C.9) |
| Section 4(1)(b) and (5) partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 4(1)(b) and (5) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Section 4(2) to (4) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 4(6) and (7)(b) to (i) partially, in relation to England | 10th March 2003 | 2003/366 (C.24) |
| Section 4(6) and (7)(b) to (i) partially, in relation to England | 6th October 2003 | 2003/366 (C.24) |
| Section 4(6) and (7)(b) to (i) in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 4(7)(a) in relation to England | 7th December 2004 | 2003/3203 (C.139) |
| Section 4(6) and (7) in relation to Wales | 7th February 2004 | 2004/252 (W.27)(C.9) |
| *Section 4(8) to (11) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Section 4, in relation to Wales, so far as not already in force | 30th December 2005 | 2005/3112 (W.134)(C.232) |
| *Section 6 in relation to England | 30th December 2005 | 2005/2213(C.92) |
| *Section 7 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 8 partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 8 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Sections 6 to 8 in relation to Wales | 30th December 2005 | 2005/3112 (W.134)(C.232) |
| Section 9 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 9 in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| Section 10 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 10 in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| Section 11 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 11 in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| Section 12(1) to (3) in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 12(1) to (3) partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 12 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Section 12, in relation to Wales, so far as not already in force | 30th December 2005 | 2005/3112 (W.134)(C.232) |
| *Sections 13 to 15 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Sections 13 to 15, in relation to Wales | 30th December 2005 | 2005/3112 (W.134)(C.232) |
| Section 16 in relation to Wales | 1st February 2003 | 2003/181 (W.31) (C.9) |
| Section 16 partially, in relation to England | 25th February 2003 | 2003/366 (C. 24) |
| Section 16 partially, in relation to England | 30th April 2003 | 2003/366 (C. 24) |
| *Section 16 in relation to England | 30th December 2005 | 2005/2213 (C. 92) |
| *Section 18 to 26 | 30th December 2005 | 2005/2213 (C.92) |
| *Section 27(1), (2), (4) and (5) | 30th December 2005 | 2005/2213 (C.9) |
| Section 27(3) in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 27(3) in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Sections 28 to 43 | 30th December 2005 | 2005/2213 (C.92) |
| Section 44 partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 44 | 30th December 2005 | 2005/2213 (C.92) |
| Section 45 | 7th December 2004 | 2004/3203 (C.139) |
| *Sections 46 to 52 | 30th December 2005 | 2005/2213 (C.92) |
| Section 53(1) to (3) in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 53(1) to (3) in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 53(4) to (6) | 30th December 2005 | 2005/2213 (C.92) |
| Section 54 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 54 in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 55 | 30 December 2005 | 2005/2213 (C.92) |
| Section 56(1) and (3) in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 56 partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 56 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 57 partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 57 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 57(5) partially, in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 57(6) in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 58 partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 58 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 58(2) and (3) partially, in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| *Sections 56 to 58, in relation to Wales, so far as not already in force | 30th December 2005 | 2005/3112 (W.134)(C.232) |
| Section 59 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 59 partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 59 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Section 60(1), (3) and (5) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 60(2) and (4) partially, in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 60(2) and (4) partially, in relation England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 60(2) and (4) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Section 61(1) to (4) and (6) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 61(5) partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 61(5) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 61(5)(c) partially, in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| *Section 62(1) to (6) and (8) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 62(7) partially, in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Section 62(7) in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Section 62(7)(c) partially, in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| *Sections 60 to 62, in relation to England and Wales, so far as not already in force | 30th December 2005 | 2005/3112 (W.134)(C.232) |
| Section 63 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 63 in relation to England and as respect subsections (2) to (5) in relation to Scotland and Northern Ireland | 7th December 2004 | 2004/3203 (C.139) |
| Section 64 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 64 in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| Section 65 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 65 in relation to England and as respect subsections (2)(a) and (3) in relation to Scotland and (2)(b) and (3) in relation to Northern Ireland | 7th December 2004 | 2004/3203 (C.139) |
| *Sections 66 to 76 | 30th December 2005 | 2005/2213 (C.92) |
| *Section 77(1), (2) and (4) to (6) | 30th December 2005 | 2005/2213 (C.92) |
| Section 77(3) partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 77(3) | 30th December 2005 | 2005/2213 (C.92) |
| *Section 78(1), (2) and (4) | 30th December 2005 | 2005/2213(C.92) |
| Section 78(3) partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 78(3) | 30th December 2005 | 2005/2213 (C.92) |
| Section 79(5) and (7) to (9) partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 80(1),(3) and (5) | 30th December 2005 | 2005/2213 (C.92) |
| Section 80(2), (4) and (6) partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 80(2), (4) and (6) | 30th December 2005 | 2005/2213 (C.92) |
| *Section 81(1) to (3) | 30th December 2005 | 2005/2213 (C.92) |
| Section 81(4) | 7th December 2004 | 2004/3203 (C.139) |
| *Section 82 | 30th December 2005 | 2005/2213 (C.92) |
| Section 83(1) to (7) and (9) partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 83(1) to (7) and (9) | 30th December 2005 | 2005/2213 (C.92) |
| *Section 83(8) | 30th December 2005 | 2005/2213 (C.92) |
| Section 84 partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 84 | 30th December 2005 | 2005/2213 (C.92) |
| *Section 85 | 30th December 2005 | 2005/2213 (C.92) |
| Section 86 partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 86 | 30th December 2005 | 2005/2213 (C.92) |
| Section 87(1)(a), (2), (5) and (6) partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 87(1)(a), (2), (5) and (6) | 30th December 2005 | 2005/2213 (C.92) |
| Section 87(1)(b) and (4) | 1st June 2003 | 2003/366 (C.24) |
| *Section 87(3) | 30th December 2005 | 2005/2213 (C.92) |
| *Sections 88 to 91 | 30th December 2005 | 2005/2213 (C.92) |
| Section 92 partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 92 | 30th December 2005 | 2005/2213 (C.92) |
| *Section 93 | 30th December 2005 | 2005/2213 (C.92) |
| Section 94(1) partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 94(1) | 30th December 2005 | 2005/2213 (C.92) |
| *Section 94(2) to (5) | 30th December 2005 | 2005/2213 (C.92) |
| *Sections 95, 96 and 97 | 30th December 2005 | 2005/2213 (C.92) |
| Section 98 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Section 98 in relation to England | 7th December 2004 | 2004/3203 (C.139) |
| *Sections 99 to 107 | 30th December 2005 | 2005/2213 (C.92) |
| Section 108 | 7th December 2004 | 2004/3203 (C.139) |
| *Sections 109 and 110 | 30th December 2005 | 2005/ 2213(C.92) |
| Section 111 | 1st December 2003 | 2003/3079 (C.117) |
| *Sections 112 to 115 | 30th December 2005 | 2005/2213 (C.92) |
| Section 117 partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 117 | 30th December 2005 | 2005/2213 (C.92) |
| Section 118 | 21st May 2004 | 2004/1403 (C.56) |
| Section 119 | 1st April 2004 | 2003/3079 (C.117) |
| Section 120 | 31st January 2005 | 2004/3203 (C.139) |
| Section 121 partially | 7th December 2004 | 2004/3203 (C.139) |
| *Section 121 | 30th December 2005 | 2005/2213 (C.92) |
| *Section 122(1)(a) | 30th December 2005 | 2005/2213 (C.92) |
| Section 122(1)(b) and (2) | 7th December 2004 | 2004/3203 (C.139) |
| *Sections 123 and 124 in relation to England, Wales, Scotland and Northern Ireland | 30th December 2005 | 2005/2213 (C.92) |
| Section 135 | 1st June 2003 | 2003/366 (C.24) |
| *Section 137 | 30th December 2005 | 2005/2213 (C.92) |
| *Section 138 in relation to England, Wales and Scotland | 30th December 2005 | 2005/2213 (C.92) |
| Section 139(1) partially, in relation to Northern Ireland | 3rd February 2003 | 2003/288 (C.14) |
| Partially, in relation England | 25th February 2003 | 2003/366 (C.24) |
| Partially, in relation England | 30th April 2003 | 2003/366 (C.24) |
| Partially, in relation to Wales | 28th November 2003 | 2003/3079 (C.117) |
| Partially | 1st December 2003 | 2003/3079 (C.117) |
| Partially | 7th December 2004 | 2004/3203 (C.139) |
| *Partially | 30th December 2005 | 2005/2213 (C.139) |
| *Partially, in relation to Wales | 30th December 2005 | 2005/3112 (W.134) (C.232) |
| Section 139(2) partially | 3rd February 2003 | 2003/288 (C.14) |
| Partially | 25th February 2003 | 2003/366 (C.24) |
| Partially, in relation to England | 10th March 2003 | 2003/366 (C.24) |
| Partially | 1st April 2003 | 2003/366 (C.24) |
| Partially | 1st June 2003 | 2003/366 (C.24) |
| Partially, in relation to England | 6th October 2003 | 2003/366 (C.24) |
| Partially, in relation to England | 1st December 2003 | 2003/3079 (C.117) |
| Partially, in relation to England | 1st April 2004 | 2004/3079 (C.117) |
| Partially, in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Partially | 15th October 2005 | 2005/2897 (C.123) |
| Section 139(3) partially | 28th November 2003 | 2003/3079 (C.117) |
| *Partially | 30th December 2005 | 2005/2213 (C.92) |
| Partially | 15th October 2005 | 2005/2897 (C.123) |
| *Partially, in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| Schedule 1 | ||
| Paragraphs 1 and 3 partially | 7th December 2004 | 2004/3203 (C.139) |
| *Paragraphs 1 and 3 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 2 and 4 to 6 | 30th December 2005 | 2005/2213 (C.92) |
| Schedule 2 | ||
| Paragraph 1 partially | 7th December 2004 | 2004/3203 (C.139) |
| *Paragraph 1 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 2 to 4 | 30th December 2005 | 2005/2213 (C.92) |
| Schedule 3 | ||
| *Paragraphs 1 to 5 | 30 December 2005 | 2005/2213(C.92) |
| Paragraphs 6 and 7 | 1st December 2003 | 2003/3079 (C.117) |
| *Paragraphs 9 to 12 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraph 13 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 14 to 20 | 30th December 2005 | 2005/2213 (C92) |
| *Paragraphs 36 to 43 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 45 to 52 | 30th December 2005 | 2005/2213 (C.92) |
| Paragraphs 53 | 3rd February 2003 | 2003/288 (C.14) |
| *Paragraphs 54 to 59 | 30th December 2005 | 2005/2213 (C.92) |
| Paragraph 60 partially | 7th December 2004 | 2004/3203 (C.139) |
| *Paragraph 60 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 61 to 64 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraph 65 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 67 to 81 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 85 to 93 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 95 to 99 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 101 and 102 | 30th December 2005 | 2005/2213 (C.92) |
| Paragraph 103 partially, in relation to England | 25th February 2003 | 2003/366 (C.24) |
| Paragraph 103 partially, in relation to England | 30th April 2003 | 2003/366 (C.24) |
| Paragraph 103 in relation to Wales | 28th November 2003 | 2003/3079 (C.117) |
| *Paragraph 103 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraph 104 | 30th December 2005 | 2005/2213 (C.92) |
| Paragraph 105 in relation England | 30th April 2003 | 2003/366 (C.24) |
| Paragraph 105 in relation Wales | 28th November 2003 | 2003/3079 (C.117) |
| Paragraph 106 in relation England | 30th April 2003 | 2003/366 (C.24) |
| Paragraph 106 in relation Wales | 28th November 2003 | 2003/3079 (C.117) |
| *Paragraphs 107 to 109 | 30th December 2005 | 2005/2213 (C.92) |
| Paragraph 110 partially, in relation to England | 30th April 2003 | 2003/366 (C.24) |
| Paragraph 110 partially, in relation to Wales | 28th November 2003 | 2003/3079 (C.117) |
| *Paragraph 110 | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 111 to 113 in relation to England | 30th December 2005 | 2005/2213 (C.92) |
| *Paragraphs 13, 65 and 111 to 113, in relation to Wales | 30th December 2005 | 2005/3112 (W.134)(C.232) |
| *Paragraphs 114 to 117 | 30th December 2005 | 2005/2213 (C.92) |
| Paragraph 118 | 28th November 2003 | 2003/3079 (C.117) |
| Schedule 4 | ||
| Paragraphs 1, 2, 6 to 8 and 17 to 22 | 15th October 2005 | 2005/2897 (C.123) |
| Paragraph 3 in relation to England | 6th October 2003 | 2003/366 (C.24) |
| Paragraph 3 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Paragraph 4(1) | 3rd February 2003 | 2003/288 (C.14) |
| Paragraph 4(2) | 25th February 2003 | 2003/366 (C.24) |
| Paragraph 5 in relation to England | 1st April 2004 | 2003/3079 (C.117) |
| Paragraph 5 in relation to Wales | 7th February 2004 | 2004/252 (W.27) (C.9) |
| Paragraph 10 | 1st June 2003 | 2003/366 (C.24) |
| Paragraph 11 partially | 1st June 2003 | 2003/366 (C.24) |
| Paragraph 12 partially | 1st April 2003 | 2003/366 (C.24) |
| Paragraph 12 partially | 1st June 2003 | 2003/366 (C.24) |
| Paragraph 13 | 1st June 2003 | 2003/366 (C.24) |
| Paragraph 14 | 1st June 2003 | 2003/366 (C.24) |
| Schedule 5 | ||
| Partially | 1st June 2003 | 2003/366 (C.24) |
| Partially | 28th November 2003 | 2003/3079 (C.117) |
| Partially | 15th October 2005 | 2005/2897 (C.123) |
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(2)
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