Statutory Instruments
2003 No. 3079 (C.117)
CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES
The Adoption and Children Act 2002 (Commencement No. 4) Order 2003
Made
27th November 2003
The Secretary of State for Education and Skills, in exercise of the powers conferred upon him by sections 140(7), 148(1) and (6) of the Adoption and Children Act 2002( 1 ), after consultation with the National Assembly for Wales( 2 ), other than as respects paragraph 5 of Schedule 4 to that Act, hereby makes the following Order—
Citation, interpretation and application
1. —(1) This Order may be cited as the Adoption and Children Act 2002 (Commencement No. 4) Order 2003.
(2) In this Order “the Act” means the Adoption and Children Act 2002 .
(3) Subject to sub-paragraphs (a) and (b), this Order applies to England and Wales—
(a) article 2(1)(a) and (b) applies to Wales only; and
(b) article 2(2)(c) and (4)(a) applies to England only.
Appointed days
2. —(1) 28th November 2003 is the appointed day for the coming into force of the following provisions of the Act—
(a) section 2(7) and (8) (basic definitions) for the purposes of paragraph 3 of Schedule 4;
(b) paragraphs 105, 106 and 110 in so far as that paragraph relates to the Adoption Act 1976( 3 ), and paragraph 103 (amendments to the Care Standards Act 2000) of Schedule 3 and section 139(1) in so far as they relate to those paragraphs;
(c) paragraph 118 (meaning of family proceedings) of Schedule 3, and section 139(1) in so far as it relates to that paragraph;
(d) section 139(3) and Schedule 5 in so far as they relate to the repeal of section 12(5)(b) and the preceding “and” of the Criminal Justice and Court Services Act 2000 ( 4 ).
(2) 1st December 2003 is the appointed day for the coming into force of the following provisions of the Act—
(a) section 111 (parental responsibility of unmarried father);
(b) paragraphs 6 and 7 of Schedule 3 and section 139(1) in so far as it relates to those paragraphs (amendments to the Births and Deaths Registration Act 1953);
(c) for the purposes of making regulations, paragraph 5 of Schedule 4 (independent review mechanism) and section 139(2) in so far as it relates to that paragraph.
(3) 30th January 2004 is the appointed day for the coming into force of section 119 (advocacy services) of the Act, for the purposes of making regulations.
(4) 1st April 2004 is the appointed day for the coming into force of the following provisions of the Act—
(a) paragraph 5 of Schedule 4, and section 139(2) in so far as it relates to that paragraph, in so far as it is not already in force;
(b) section 119 in so far as it is not already in force.
Margaret Hodge
Minister of State,
Department for Education and Skills
27th November 2003
2002 c. 38 . The power is exercisable, as respect section 148(1) by the Secretary of State. The power is exercisable as respect section 148(6), by the appropriate Minister who is defined in section 144(1) in relation to England, Scotland or Northern Ireland, as the Secretary of State.
By virtue of section 148(2), the power under subsection (1) is only exercisable (other than an order bringing paragraph 53 of Schedule 3 into force) after the Secretary of State consults the National Assembly for Wales.