Citation, interpretation and application

1. —(1) This Order may be cited as the Adoption and Children Act 2002 (Commencement No.7) Order 2004.

(2) In this Order “the Act” means the Adoption and Children Act 2002.

(3) Subject to paragraphs (4) and (5), this Order applies to England and Wales.

(4) The following provisions of article 2(1) do not apply to Wales –

(a) sub-paragraph (a) in so far as it relates to section 2(6) of the Act;

(b) sub-paragraphs (b) to (f);

(c) sub-paragraphs (h) to (j); and

(d) heads (i) to (iii) and (v) in sub-paragraph (m).

(5) Article 2(1)(j) in so far as it relates to -

(a) sections 63(2) to (5) and 65(2)(a) and (3) of the Act applies to Scotland; and

(b) sections 63(2) to (5) and 65(2)(b) and (3) of the Act applies to Northern Ireland.

Appointed Days

2. —(1) 7th December 2004 is the appointed day for the coming into force of the following provisions of the Act—

(a) in section 2, subsections (1) to (5) and, in so far as they are not already in force, subsections (6) to (8) (basic definitions);

(b) section 4(6) and (7) in so far as they are not already in force (adoption service);

(c) section 9 (general power to regulate adoption etc. agencies);

(d) section 10 (management etc. of agencies);

(e) section 11 (fees);

(f) section 27(3) (contact: supplementary);

(g) section 45 (suitability of adopters);

(h) section 53(1) to (3) (modification of 1989 Act in relation to adoption);

(i) section 54 (disclosing information during adoption process);

(j) sections 63 to 65 and 98 (disclosure of information in relation to a person’s adoption pre- and post-commencement of the Act);

(k) section 108 (corresponding provisions in Channel Islands and the Isle of Man);

(l) section 122(1)(b) and (2) (interests of children in proceedings); and

(m) for the purposes of making regulations—

(i) sections 3(3) and (4) and 4(1)(b) and (5) (the adoption service);

(ii) section 8 (adoption support agencies);

(iii) section 12(1) to (3) (independent review of determinations);

(iv) section 44 (notice of intention to adopt);

(v) sections 56 to 59, 60(2) and (4), 61(5) and 62(7) (disclosure of information in relation to a person’s adoption post-commencement of the Act);

(vi) sections 77(3), 78(3), 79(5) and (7) to (9), 80(2), (4) and (6), 81(4) and paragraphs 1 and 3 of Schedule 1 and paragraph 1 of Schedule 2 (the Registers);

(vii) sections 83(1) to (7) and (9), 84, 86 and 87(1)(a), (2), (5) and (6) (adoptions with a foreign element);

(viii) section 92 (restriction on arranging adoptions);

(ix) section 94(1) (restriction on reports);

(x) section 115 except in so far as it relates to the insertion of section 14G into the Children Act 1989( 3 ) and paragraph 60 of Schedule 3 and section 139(1) in so far as it relates to that paragraph (special guardianship);

(xi) section 117 (inquiries by local authorities into representations); and

(xii) section 121(care plans).

(2) 31st January 2005 is the appointed day for the coming into force of section 120 of the Act (meaning of “harm” in the 1989 Act).