The Adoption and Children Act 2002 (Consequential Amendments) Order 2005

• Citation: S.I. 2005/3504
• Sections: 7

Section 1 Citation and commencement

This Order may be cited as the Adoption and Children Act 2002 (Consequential Amendments) Order 2005 and comes into force on 30 th December 2005.

Section 2 Data Protection – Subject Access

(1) In Part 2 of the Schedule (exemptions from section 7 – enactments and instruments extending to England and Wales) to the Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 for paragraph (a) substitute—

(a) Adoption records and reports

Sections 57 to 62, 77 and 79 of, and Schedule 2 to, the Adoption and Children Act 2002 .

Regulation 14 of the Adoption Agencies Regulations 1983 .

Regulation 41 of the Adoption Agencies Regulations 2005 .

Regulation 42 of the Adoption Agencies (Wales) Regulations 2005 .

Rules 5, 6, 9, 17, 18, 21, 22 and 53 of the Adoption Rules 1984 .

Rules 5, 6, 9, 17, 18, 21, 22 and 32 of the Magistrates' Courts (Adoption) Rules 1984 .

Rules 24, 29, 30, 65, 72, 73, 77, 78 and 83 of the Family Procedure (Adoption) Rules 2005 .

(2) In the Schedule (personal data to which the Order applies) to the Data Protection (Subject Access Modification) (Social Work) Order 2000 insert after paragraph (t)—

(u) data processed for the purposes of the functions of the appropriate Minister pursuant to section 12 of the Adoption and Children Act 2002 (independent review of determinations);

Section 3 Community Legal Service

(1) In each of the provisions mentioned in paragraph (2) the definition of “family proceedings” is amended by inserting after sub-paragraph (g)—

(ga) the Adoption and Children Act 2002;

(2) The provisions are—

(a) article 2 of the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 ;

(b) article 2 of the Community Legal Service (Funding) Order 2000 ;

(c) regulation 2 of the Community Legal Service (Financial) Regulations 2000 ;

(d) regulation 21 of the Community Legal Service (Costs) Regulations 2000 .

(3) In paragraph 2 of Schedule 2 to the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 after “applications to free for adoption” insert “or applications for a placement order”.

Section 4 Non-Contentious Probate Rules

Rule 32(1) of the Non-Contentious Probate Rules 1987 is amended as follows—

(a) in sub-paragraph (a)(iii) after “the Adoption Act 1976” insert—

or section 46(1) of the Adoption and Children Act 2002

(b) after sub-paragraph (aa) insert—

(ab) a step-parent of the minor who has parental responsibility for him in accordance with section 4A of the Children Act 1989 ; or

(c) after sub-paragraph (b) insert—

(ba) a special guardian of the minor who is appointed in accordance with section 14A of the Children Act 1989 ; or

(bb) an adoption agency which has parental responsibility for the minor by virtue of section 25(2) of the Adoption and Children Act 2002; or

Section 5 Amendment to the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000

In paragraph (a)(iii) of regulation 6 (health related functions of local authorities) of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 for “sections 1 and 2 of the Adoption Act 1976” substitute “section 3 of the Adoption and Children Act 2002”.

Section 6 Amendment of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002

In regulation 3 (requirements for membership of lay panel) of the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 —

(a) insert in paragraphs (2)(a)(i) and (5)(c) “, or the Adoption and Children Act 2002,” after “the Adoption Act 1976”; and

(b) in paragraph (5)(ee) “, or an adoption society registered under Part 2 of the 2000 Act ” after “the Adoption Act 1976”.

Section 7 Amendment of the Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005

In regulation 16 of the Adoption and Children Act 2002 (Commencement No. 10 Transitional and Savings Provisions) Order 2005 for “4” substitute “4A”.