Adoption and Children Act 2002

Section 139

SCHEDULE 4E+W+STransitional and transitory provisions and savings

General rules for continuityE+W

1(1)Any reference (express or implied) in Part 1 or any other enactment, instrument or document to—

(a)any provision of Part 1, or

(b)things done or falling to be done under or for the purposes of any provision of Part 1,

must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

(2)Any reference (express or implied) in any enactment, instrument or document to—

(a)a provision repealed by this Act, or

(b)things done or falling to be done under or for the purposes of such a provision,

must, so far as the nature of the reference permits, be construed as including, in relation to the times, circumstances or purposes in relation to which the corresponding provision of Part 1 has effect, a reference to that corresponding provision or (as the case may be) to things done or falling to be done under or for the purposes of that corresponding provision.

General rule for old savingsE+W

2(1)The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

(2)The repeal by this Act of a saving made on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.

Adoption support servicesE+W

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation of adoption agenciesE+W

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Independent review mechanismE+W

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pending applications for freeing ordersU.K.

6Nothing in this Act affects any application for an order under section 18 of the Adoption Act 1976 (freeing for adoption) where—

(a)the application has been made and has not been disposed of immediately before the repeal of that section, and

(b)the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.

Freeing ordersU.K.

7(1)Nothing in this Act affects any order made under section 18 of the Adoption Act 1976 (c. 36) and—

(a)sections 19 to 21 of that Act are to continue to have effect in relation to such an order, and

(b)Part 1 of Schedule 6 to the Magistrates’ Courts Act 1980 (c. 43) is to continue to have effect for the purposes of an application under section 21 of the Adoption Act 1976 in relation to such an order.

(2)Section 20 of that Act, as it has effect by virtue of this paragraph, is to apply as if, in subsection (3)(c) after “1989” there were inserted—

“(iia)any care order, within the meaning of that Act”.

(3)Where a child is free for adoption by virtue of an order made under section 18 of that Act, the third condition in section 47(6) is to be treated as satisfied.

Pending applications for adoption ordersU.K.

8Nothing in this Act affects any application for an adoption order under section 12 of the Adoption Act 1976 where—

(a)the application has been made and has not been disposed of immediately before the repeal of that section, and

(b)the child in relation to whom the application is made has his home immediately before that repeal with a person with whom he has been placed for adoption by an adoption agency.

Adoptions with a foreign elementE+W

F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F211E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F212E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AdvertisingE+W

F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

StatusU.K.

17(1)Section 67—

(a)does not apply to a pre-1976 instrument or enactment in so far as it contains a disposition of property, and

(b)does not apply to any public general Act in its application to any disposition of property in a pre-1976 instrument or enactment.

(2)Section 73 applies in relation to this paragraph as if this paragraph were contained in Chapter 4 of Part 1; and an instrument or enactment is a pre-1976 instrument or enactment for the purposes of this Schedule if it was passed or made at any time before 1st January 1976.

18U.K.Section 69 does not apply to a pre-1976 instrument.

19U.K.In section 70(1), the reference to Part 3 of the Family Law Reform Act 1987 (c. 42) includes Part 2 of the Family Law Reform Act 1969 (c. 46).

Registration of adoptionsE+W

20(1)The power of the court under paragraph 4(1) of Schedule 1 to amend an order on the application of the adopter or adopted person includes, in relation to an order made before 1st April 1959, power to make any amendment of the particulars contained in the order which appears to be required to bring the order into the form in which it would have been made if paragraph 1 of that Schedule had applied to the order.

(2)In relation to an adoption order made before the commencement of the Adoption Act 1976 (c. 36), the reference in paragraph 4(3) of that Schedule to paragraph 1(2) or (3) is to be read—

(a)in the case of an order under the Adoption of Children Act 1926 (c. 29), as a reference to section 12(3) and (4) of the Adoption of Children Act 1949 (c. 98),

(b)in the case of an order under the Adoption Act 1950 (c. 26), as a reference to section 18(3) and (4) of that Act,

(c)in the case of an order under the Adoption Act 1958 (c. 5), as a reference to section 21(4) and (5) of that Act.

The Child Abduction Act 1984 (c. 37)E+W

21Paragraph 43 of Schedule 3 does not affect the Schedule to the Child Abduction Act 1984 in its application to a child who is the subject of—

(a)an order under section 18 of the Adoption Act 1976 freeing the child for adoption,

(b)a pending application for such an order, or

(c)a pending application for an order under section 12 of that Act.

The Courts and Legal Services Act 1990 (c. 41)E+W

22Paragraph 80 of Schedule 3 does not affect section 58A(2)(b) of the Courts and Legal Services Act 1990 in its application to proceedings under the Adoption Act 1976 (c. 36).

The Children (Scotland) Act 1995 (c. 36)S

23Paragraph 84 of Schedule 3 does not affect section 86(6) of the Children (Scotland) Act 1995 in its application to a child who becomes the subject of an order under section 18 or 55 of the Adoption Act 1976 by virtue of an application made before the repeal of that section.