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.

Explanatory Note

(This note is not part of the Order)

This Order is the fourth Commencement Order made under the Adoption and Children Act 2002 (“the Act”).

Article 2(1) brings into force on 28th November 2003—

• as respects Wales only, section 2(7) and (8) of the Act (basic definitions) and paragraphs 103, 105, 106 and 110 of Schedule 3 to the Act (amendments to the Care Standards Act 2000);

• as respects England and Wales the repeal of section 12(5)(b) and consequential amendment to the Criminal Justice and Court Services Act 2000 (c. 43).

Article 2(2) brings into force on 1st December 2003—

• as respects England and Wales, section 111 and consequential amendments to enable a father who is not married to the mother at the time of the child’s birth to have parental responsibility if registration or re-registration of birth takes place according to the provisions of the Births and Deaths Registration Act 1953 and equivalent provisions for Scotland and Northern Ireland;

• as respects England, paragraph 5 of Schedule 4 to the Act for the purposes of making regulations for the establishment of a review procedure in respect of qualifying determinations made by adoption agencies. Article 2(4)(a) brings paragraph 5 of Schedule 4 fully into force as respects England from 1st April 2004.

Article 2(3) brings into force on 30th January 2004 as respects England and Wales, section 119 for the purposes of making regulations relating to advocacy services for looked after children and young people leaving care who make complaints under sections 24D and 26 of the Children Act 1989. Article 2(4) brings section 119 fully into force as respects England and Wales from 1st April 2004.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order—