The Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order is the tenth Commencement Order made under the Adoption and Children Act 2002 (“the Act”). In addition to bringing into force further provisions of the Act, it makes a number of transitional and savings provisions.

Article 2 brings into force on 30th December 2005 a number of provisions of the Act.

Article 2(a) brings into force paragraphs 1, 2, 6 to 8, and 17 to 22 of Schedule 4 and section 139(2) in so far as it relates to those paragraphs. Schedule 4 is concerned with transitional and transitory provisions and savings and section 139(2) gives effect to it. Paragraph 1 of Schedule 4 sets out the general rules for continuity while paragraph 2 makes a general rule for old savings. Paragraphs 6, 7 and 8 are concerned, respectively, with pending applications for freeing orders, freeing orders and pending applications for adoption orders. Paragraphs 17 to 19 are concerned with the status of adopted children, paragraph 20 with the registration of adoptions, 21 with the effect on the application of the Child Abduction Act 1984 and 22 with the effect on the application of the Courts and Legal Services Act 1990.

Article 2(b) brings into force section 139(3) and Schedule 5 (repeals) except in so far as they relate to—

• sections 50, 52, 53(2) and 65(1) of the Adoption (Scotland) Act 1978;

• section 40(2)(a) of the Matrimonial and Family Proceedings Act 1984; and

• section 14 of the Adoption (Intercountry Aspects) Act 1999.

All the provisions set out in Schedule 5 are repealed save for those listed above.

Part 3 of the Order is concerned with transitional arrangements.

Article 3 sets out, with exceptions, the general rule for how cases in progress under the Adoption Agencies Regulations 1983 on 30th December 2005 should be dealt with. Article 4 makes transitional provision for the case of a child free for adoption by virtue of a freeing order made under section 18 of the Adoption Act 1976 (“the 1976 Act”).

Article 5 is concerned with the transitional arrangements in the case of a child who because of the repeal of sections 32 to 36 of the 1976 Act ceases to be a protected child and so becomes a privately fostered child.

Articles 6 to 8 make transitional arrangements in relation to intercountry adoption cases. Article 6 sets out a general rule, with exceptions, for Hague Convention cases in progress on 30th December 2005. Article 7 makes transitional provision concerning the conditions to be met by prospective adopters in non-Convention cases; article 8 regarding the functions on local authorities after receiving a notice of intention to adopt, in both non-Convention and Hague Convention cases.

Article 9 is concerned with restrictions on removal of children when an application for an order under section 12 (adoption orders) or section 18 (freeing for adoption) of the 1976 Act is pending on 30th December; article 10 is about applications for freeing orders pending on 30th December 2005; article 11 about pending application for adoption orders in non-agency cases; and article 12 is concerned with applications under section 53 (annulment, etc. of overseas adoptions) or 55 (adoption of children abroad) of the 1976 Act which have been made but not disposed of immediately before 30th December 2005.

Part 4 of the Order makes savings provisions in relation to records and the disclosure of adoption information (article 13); parental orders under section 30 of the Human Fertilisation and Embryology Act 1990 (article 14); the Local Authority Adoption Service (England) Regulations 2003 (article 15); and voluntary adoption agencies (article 16).