Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Consequential amendment to Child Development Co‑Savings Act 2001
77. Section 2(1) of the Child Development Co‑Savings Act 2001 is amended by deleting the words “Adoption of Children Act 1939” in the definition of “dependant’s pass” and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”.
Related amendment to Children and Young Persons Act 1993
78. Section 112 of the Children and Young Persons Act 1993 is amended by inserting, immediately after subsection (1), the following subsection:“(1A) Subsection (1) does not apply in relation to any proceedings in court arising from an adoption application under the Adoption of Children Act 2022, including any appeal against any decision made by the court on the adoption application.”. “(1A) Subsection (1) does not apply in relation to any proceedings in court arising from an adoption application under the Adoption of Children Act 2022, including any appeal against any decision made by the court on the adoption application.”.
Consequential amendment to Civil Law Act 1909
79. Section 20(10) of the Civil Law Act 1909 is amended by deleting the words “Adoption of Children Act 1939” and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”.
Consequential amendment to Family Justice Act 2014
80. Section 2(1) of the Family Justice Act 2014 is amended by deleting the words “Adoption of Children Act 1939” in paragraph (b) of the definition of “family proceedings” and substituting the words “Adoption of Children Act 2022”.
Related and consequential amendment to Mental Capacity Act 2008
81. Section 26 of the Mental Capacity Act 2008 is amended by deleting paragraph (d) and substituting the following paragraph:“(d) consenting or revoking consent to the making of an adoption order under the Adoption of Children Act 2022 or any corresponding previous written law;”.
Consequential amendments to Registration of Births and Deaths Act 2021
82. Section 14(1) of the Registration of Births and Deaths Act 2021 is amended —(a) by deleting the words “Adoption of Children Act 1939” and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”; and (b) by deleting the words “section 12(1) of that Act” and substituting the words “section 44(1) of the Adoption of Children Act 2022”.
Related and consequential amendments to Women’s Charter 1961
83. The Women’s Charter 1961 is amended —(a) by deleting the words “and has been or will be solemnised or made” in section 141(2) and substituting the words “, or has been or will be solemnised or made,”; and (b) by deleting the words “Adoption of Children Act 1939, or any enactment thereby repealed” in the definition of “parent” in section 145(4) and substituting the words “Adoption of Children Act 2022 or any corresponding previous written law”.
Consequential amendment to Work Injury Compensation Act 2019
84. Section 2 of the Work Injury Compensation Act 2019 is amended by deleting the definition of “adopted child” and substituting the following definition:“ “adopted child”, in relation to a claimant, means any child —(a) who is adopted by the claimant under the Adoption of Children Act 2022 or any corresponding previous written law; or (b) whose adoption by the claimant is recognised by the law or consular authority of the place of nationality of the claimant or the child, and “adoptive parent” has a corresponding meaning;”.
Saving and transitional provisions
85.—(1) Despite section 76 —(a) the repealed Act (except section 12) continues to apply in relation to an adoption application, interim order or adoption order, made under the repealed Act before the date of commencement of section 76; and (b) any right of appeal accruing before, on or after the date of commencement of section 76 against any order or decision of the court under the repealed Act continues, as if that Act had not been repealed. (2) Despite section 80, the Family Justice Act 2014 applies to an adoption application, interim order or adoption order to which the repealed Act continues to apply under subsection (1), as if section 80 had not been enacted. (3) Despite sections 74 and 76, every provision of the Family Justice Rules made under section 46 of the Family Justice Act 2014 for the purposes of section 10(1) of the repealed Act and in force immediately before the date of commencement of sections 74 and 76 continues in force, so far as the provision is not inconsistent with the provisions of this Act and until that provision is revoked. (4) Every valid and favourable HSR issued before the date of commencement of section 76 continues to be valid for the period specified in the HSR or any further period granted by a duly authorised officer of the Ministry of Social and Family Development. (5) Part 2 of this Act does not apply to an adoption application made that is supported by a valid and favourable HSR. (6) Every reference to a “child” in this Act includes a reference to an “infant” in the repealed Act so far as the repealed Act continues to have effect under subsection (1) in any particular case. (7) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. (8) Nothing in this section affects section 16 of the Interpretation Act 1965.
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