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Statutory Instruments

2005 No. 2797 (L. 24)

FAMILY PROCEEDINGS, ENGLAND AND WALES

The Children (Allocation of Proceedings) (Amendment No. 2) Order 2005

Made

10th October 2005

Laid before Parliament

12th October 2005

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 92(9) and (10) of, and Part I of Schedule 11 to, the Children Act 1989( 1 ).

Commencement, citation and interpretation

1. This Order may be cited as the Children (Allocation of Proceedings) (Amendment No. 2) Order 2005 and shall come into force—

(a) for the purposes of articles 5(a), 8(c)(iii), 13(b)(i) and (c), 14(a), 16(a) and this article on 5th December 2005; and

(b) for all other purposes on 30th December 2005.

Savings and transitional provisions

2.The Children (Allocation of Proceedings) Order 1991 shall continue to apply as if the amendments in this Order had not been made to an application under the following sections of the Adoption Act 1976( 2 )—

(a) section 12 (adoption order);

(b) section 18 (freeing for adoption);

(c) section 20 (revocation of a section 18 order);

(d) section 21 (variation of a section 18 order so as to substitute one adoption agency for another);

(e) section 27(1) or (2) (restriction on removal of child where adoption pending or application made under section 18);

(f) section 29 (return of child taken away in breach of section 27);

(g) section 53 (annulment etc. of overseas adoptions); and

(h) section 55 (adoption of children abroad).

Amendments to the Children (Allocation of Proceedings) Order 1991

3.The Children (Allocation of Proceedings) Order 1991( 3 ) is amended in accordance with the following articles.

4. In article 1(2)—

(a) in sub-paragraph (b) of the definition of “child”, after “Schedule 1,” insert “or are for adoption under the Adoption and Children Act 2002,”; and

(b) after the definition of “child” insert—

“ “Convention adoption order” means an adoption order which, by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations giving effect to the Convention), is made as a Convention adoption order; ” .

5. In article 2—

(a) for paragraph (a) substitute—

“ (a) designated county courts, being those courts designated for the time being—

(i) as divorce county courts by an order under section 33 of the Matrimonial and Family Proceedings Act 1984 ( 4 ) ;

(ii) as civil partnership proceedings county courts by an order under section 36A of the Matrimonial and Family Proceedings Act 1984; or

(iii) as both divorce county courts and civil partnership proceedings county courts by such orders; ” ; and

(b) in paragraph (c), after “Order” insert—

6. For article 3(1)(r), substitute—

“ (r) section 23 of the Adoption and Children Act 2002 (varying placement orders) ( 5 ) ; ” .

7. After article 3, insert—

“ Proceedings to be commenced in the High Court or a county court

3A. Proceedings for a Convention adoption order or an adoption order where section 83 of the Adoption and Children Act 2002 (restriction on bringing children in) applies shall be commenced in the High Court or in a county court.

Application where proceedings pending

3B. —(1) Where an application has been made for an adoption order and has not been disposed of, an application for—

(a) leave to apply for a residence order under section 29(4)(b) of the Adoption and Children Act 2002;

(b) leave to apply for a special guardianship order under section 29(5)(b) of the Adoption and Children Act 2002;

(c) a residence order under section 8 where section 28(1)(a) or 29(4)(b) of the Adoption and Children Act 2002 applies (leave obtained to make application for a residence order);

(d) an order under section 14A where section 28(1)(b) or 29(5)(b) of the Adoption and Children Act 2002 applies (leave obtained to make application for a special guardianship order);

(e) leave to remove the child under section 37(a) of the Adoption and Children Act 2002; or

(f) leave to oppose the making of an adoption order under section 47(3) or (5) of the Adoption and Children Act 2002

shall be commenced in the court in which the adoption proceedings are pending.

(2) Where an application has been made for a placement order and has not been disposed of, an application for leave to remove a child from accommodation provided by the local authority under section 30(2)(b) of the Adoption and Children Act 2002 shall be commenced in the court in which the proceedings for the placement order are pending.

(3) Where an application has been made for leave under section 42(6) of the Adoption and Children Act 2002 and has not been disposed of, an application for leave to remove a child under section 38(3)(a) or 40(2)(a) of that Act shall be commenced in the court in which the proceedings under section 42(6) of that Act are pending.

Application where order already in force

3C. —(1) Where a special guardianship order is in force in respect of a child, an application for leave to change child’s name or remove child from United Kingdom under section 14C(3) shall be commenced in the court which made the special guardianship order.

(2) Where a placement order is in force in respect of a child, an application for—

(a) leave to apply to revoke the placement order under section 24(2)(a) of the Adoption and Children Act 2002;

(b) leave to place child for adoption under section 24(5) of that Act;

(c) leave to apply for a contact order under section 26(3)(f) of that Act;

(d) leave to apply to change child’s name or remove child from United Kingdom under section 28(2)(b) of that Act; or

(e) a contact order under section 26 of that Act

shall be commenced in the court which made the placement order. ”

8. In article 4—

(a) in paragraph (1), omit “, or under the Adoption Act 1976”;

(b) after paragraph (1), insert—

“ (1A) Proceedings under the Adoption and Children Act 2002, save for proceedings under section 23 of that Act, to vary or revoke an order shall be commenced in the court which made the order. ” ;

(c) in paragraph (2)—

(i) after “section 8” insert “, 14A or 14D”;

(ii) after “section 10(1)(b)” insert “, 14A(6)(b) or 14D(2) respectively”; and

(iii) for “divorce” substitute “designated”; and

(d) in paragraph (4), after “paragraph (1)” insert “or (1A)”.

9. In articles 5, 6(2)(b), 8 and 12(2)(b), for “Adoption Act 1976” substitute “Adoption and Children Act 2002”.

10. In articles 6 to 13, after “section 1(2)”, wherever it appears, insert “and, where applicable, section 1(3) of the Adoption and Children Act 2002”.

11. In article 10—

(a) in paragraph (1), for “to 17” substitute “and 16”; and

(b) in paragraph (2)(b), for “Adoption Act 1976” substitute “Adoption and Children Act 2002”.

12. In article 13—

(a) in paragraph (1), for “, 16 and” substitute “to”; and

(b) in paragraph (2)(b), for “Adoption Act 1976” substitute “Adoption and Children Act 2002”.

13. Article 14 shall stand as article 14(1), and—

(a) for “articles 18, 19 and 20” substitute “articles 3B(c) and (d), 18 and 19”;

(b) omit—

(i) “matrimonial”; and

(ii) “or under the Adoption Act 1976”;

(c) for “divorce” substitute “designated”; and

(d) after paragraph (1) add—

“ (2) Subject to paragraph (3), an application under the Adoption and Children Act 2002 which is to be made to a county court shall be commenced in an adoption centre.

(3) An application for a Convention adoption order or an adoption order where section 83 of the Adoption and Children Act 2002 applies which is to be made to a county court shall be commenced in an intercountry adoption centre. ” .

14. In articles 15 and 16—

(a) for “divorce”, wherever it appears, substitute “designated”; and

(b) after “section 8” wherever it appears, insert “or 14A”.

15. For article 17, substitute—

“ Application under the Adoption and Children Act 2002

17. —(1) Subject to paragraph (2), where proceedings under the Adoption and Children Act 2002, save for proceedings under section 23 of that Act, are to be transferred from the High Court or a magistrates' court to a county court, they shall be transferred to an adoption centre.

(2) Where proceedings for a Convention adoption order or an adoption order where section 83 of the Adoption and Children Act 2002 applies are to be transferred from the High Court to a county court, they shall be transferred to an intercountry adoption centre. ” .

16. In article 19—

(a) for “divorce” substitute “designated”; and

(b) at the end add, “and an adoption centre and intercountry adoption centre”.

17. Omit articles 20 and 22.

18. After Schedule 2, add the Schedules in the Schedule to this Order.

Falconer of Thoroton, C.

10th October 2005

Article 18

SCHEDULE

Article 2

“ SCHEDULE 3 Adoption Centres

Article 2

SCHEDULE 3 Intercountry Adoption Centres

( 1 )

1989 c. 41 , paragraphs 1 and 2 of Part 1 of Schedule 11 are amended by paragraphs 54 and 75 of Schedule 3 to the Adoption and Children Act 2002.

( 2 )

1976 c. 36 , section 20 was amended by section 88 of, and Schedule 10, paragraph 8(1) and (2) to, the Children Act 1989 (c. 41) and by section 139(2) of, and paragraph 7(2) of Schedule 4 to, the Adoption and Children Act 2002 (c. 38) . Sections 12, 18 and 55 were amended, and sections 21 and 29(1) and (2) were substituted, by section 88 of, and Schedule 10, paragraph 3, 6, 9, 15 and 22 to, the Children Act 1989. Section 53 was amended by sections 6(1) and (2), 15(2) and 17 of, and Schedule 3 to, the Adoption (Intercountry Aspects) Act 1999 (c. 18) . The whole Act is repealed by section 139(3) of, and Schedule 5 to, the Adoption and Children Act 2002 (c. 38) from a date to be appointed.

( 4 )

1984 c. 42 , section 33 is amended by section 15(1) of, and paragraphs 171 and 172 of Schedule 4 to, the Constitutional Reform Act 2004 (c. 4) from a date to be appointed.

( 5 )

2002 c. 38 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Children (Allocation of Proceedings) (Amendment No. 2) Order 2005 (2005/2797)

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footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
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and an adoption centre and intercountry adoption centreart. 17. of 3.and_an_ado_rt3CQjw
matrimonialart. 3C. of 3.matrimonia_rtJamcx
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