Statutory Instruments
2003 No. 366 (C. 24)
CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES
The Adoption and Children Act 2002 (Commencement No.3) Order 2003
Made
22nd February 2003
The Secretary of State for Health, in exercise of the powers conferred upon him by section 148(1) and (6) of the Adoption and Children Act 2002( 1 ) and of all other powers enabling him in that behalf, after consultation with the National Assembly for Wales( 2 ), other than as respects sections 2(6), 4(6) and (7) and 16 of, and paragraph 3 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. 3) Order 2003.
(2) In this Order—
(a) “the Act” means the Adoption and Children Act 2002;
(b) “the Adoption Act” means the Adoption Act 1976( 3 );
(c) “the Care Standards Act” means the Care Standards Act 2000( 4 ).
(3) This Order applies to England and article 2(1)(c), (3) and (5) applies to Wales also.
Appointed days
2. —(1) 25th February 2003 is the appointed day for the coming into force of the following provisions of the Act—
(a) section 16 of the Act in so far as it inserts section 36A(1) to (4) into the Care Standards Act (distribution of functions in relation to registered adoption societies) and in so far as it relates to the functions conferred under Part II of the Care Standards Act and under the Adoption Act;
(b) for the purposes of sub-paragraph (a), paragraphs 105 and 106 of Schedule 3 to the Act, paragraph 103 of that Schedule in so far as it relates to those paragraphs, and section 139(1) of the Act (amendments to the Care Standards Act 2000) in so far as it relates to those paragraphs;
(c) paragraph 4(2) of Schedule 4 to, and section 139(2) of, the Act (regulation of adoption agencies) in so far as it relates to that paragraph.
(2) 10th March 2003 is the appointed day for the coming into force of the following provisions of the Act—
(a) for the purposes of making regulations, paragraph 3 of Schedule 4 to the Act (adoption support services) and section 139(2) of the Act in so far as it relates to that paragraph;
(b) for the purposes of sub-paragraph (a), sections 2(6), (7) and (8) (basic definitions) and 4(6) and (7) (except paragraph (a) of subsection (7)) of the Act (assessments etc. for adoption support services).
(3) 1st April 2003 is the appointed day for the coming into force of, for the purposes of making regulations, paragraph 12 of Schedule 4 to the Act (restrictions on bringing children into the United Kingdom), except in so far as it inserts subsections (9) and (10) into section 56A of the Adoption Act, and section 139(2) of the Act in so far as it relates to that paragraph.
(4) 30th April 2003 is the appointed day for the coming into force of the following provisions of the Act—
(a) section 16 of the Act in so far as it relates to the functions conferred under Part II of the Care Standards Act and under the Adoption Act and is not already in force;
(b) paragraphs 105 and 106 of Schedule 3 to the Act in so far as those paragraphs are not already in force, and paragraph 103 of that Schedule and section 139(1) of the Act in so far as they relate to those paragraphs;
(c) paragraph 110 of Schedule 3 to the Act, and paragraph 103 of that Schedule and section 139(1) of the Act in so far as they relate to that paragraph and in so far as that paragraph relates to the Adoption Act;
(d) section 139(1) of the Act in so far it relates to paragraph 103 of Schedule 3 to the Act in so far as that paragraph is brought into force under this paragraph.
(5) 1st June 2003 is the appointed day for the coming into force of the following provisions of the Act—
(a) section 87(1)(b) and (4) of the Act (overseas adoptions);
(b) section 135 of the Act (adoption and fostering: criminal records);
(c) Schedule 4—
(i) paragraphs 10, 11(a), 12 (foreign adoptions) except in so far as it inserts subsections (9) and (10) into section 56A of the Adoption Act( 5 ) and in so far as paragraph 12 is not already in force;
(ii) paragraph 13 (interpretation);
(iii) paragraph 14 (advertising), and
section 139(2) of the Act in so far as it relates to the paragraphs specified in heads (i) to (iii).
(6) 6th October 2003 is the appointed day for the coming into force of the following provisions of the Act—
(a) paragraph 3 of Schedule 4 to the Act in so far as that paragraph is not already in force, and section 139(2) of the Act in so far as it relates to that paragraph;
(b) for the purposes of sub-paragraph (a), sections 2(6), (7) and (8) and 4(6) and (7) (except paragraph (a) of subsection (7)) of the Act in so far as those provisions are not already in force.
Signed by authority of The Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
22nd February 2003
2002 c. 38 . The power is exercisable, as respects section 148(1), by the Secretary of State. The power is exercisable, as respects 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.
Section 56A is inserted into the Adoption Act 1976 by section 14 of the Adoption (Intercountry Aspects) Act 1999. Paragraph 12 of Schedule 4 to the Adoption and Children Act 2002 amends section 56A.