The Human Fertilisation and Embryology (Parental Orders) Regulations 2018

Cited as:SI 2018/1412
Jurisdiction:UK Non-devolved

2018No. 1412

HUMAN FERTILISATION AND EMBRYOLOGY

The Human Fertilisation and Embryology (Parental Orders) Regulations 2018

Made20thDecember2018

Coming into force in accordance with regulation 1

The Secretary of State for Health and Social Care makes these Regulations in exercise of the powers conferred by sections 55(1) and (2) and 61(3) of the Human Fertilisation and Embryology Act 2008( 1).

A draft of these Regulations was laid before Parliament in accordance with section 62(4) of that Act and approved by a resolution of each House of Parliament.

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Human Fertilisation and Embryology (Parental Orders) Regulations 2018 and come into force on the day after the day on which they are made.

(2) Any provision of these Regulations which applies an enactment with modifications has the same extent as the enactment to which it relates.

(3) Subject to paragraph (2), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(4) In these Regulations—

“the 2002 Act” means the Adoption and Children Act 2002( 2);

“the 2007 Act” means the Adoption and Children (Scotland) Act 2007( 3);

“the 2008 Act” means the Human Fertilisation and Embryology Act 2008;

“the 1987 Order” means the Adoption (Northern Ireland) Order 1987( 4).

(5) In these Regulations “parental order” means an order under section 54( 5) (parental orders: two applicants) or 54A( 6) (parental orders: one applicant) of the 2008 Act.

Application of certain provisions of the 2002 Act subject to modifications

2. Schedule 1 provides for certain provisions of the 2002 Act to have effect in relation to parental orders and applications for parental orders made in England and Wales as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in that Schedule.

Application of certain provisions of the 2007 Act subject to modifications

3. Schedule 2 provides for certain provisions of the 2007 Act to have effect in relation to parental orders and applications for parental orders made in Scotland as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in that Schedule.

Application of certain provisions of the 1987 Order subject to modifications

4. Schedule 3 provides for certain provisions of the 1987 Order to have effect in relation to parental orders and applications for parental orders made in Northern Ireland as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in that Schedule.

References in enactments to be read as references to parental orders etc

5. Schedule 4 provides that the provisions of the enactments set out in that Schedule have effect in relation to parental orders and applications for parental orders as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in that Schedule.

Revocation and savings

6.—(1) The Human Fertilisation and Embryology (Parental Orders) Regulations 2010( 7) (“the 2010 Regulations”) are revoked.

(2) But the 2010 Regulations still apply to—

(a) an application for a parental order made under section 54 of the 2008 Act made before the coming into force of these Regulations; and

(b) an order made under section 30 of the Human Fertilisation and Embryology Act 1990( 8).

Signed by the authority of the Secretary of State for Health and Social Care.

20th December 2018

Jackie Doyle-Price

Parliamentary Under-Secretary of State,

Department for Health and Social Care

SCHEDULE 1

Regulation 2

Application and modification of the 2002 Act in respect of parental orders and applications for such orders

1. The provisions of the 2002 Act set out in the following paragraphs have effect in relation to parental orders and applications for parental orders subject to the modifications set out in those paragraphs.

2. Section 1( 9) (considerations applying to the exercise of powers) is modified as follows—

(a) the words “or adoption agency” were omitted in each place they appear;

(b) in subsection (1), for “the adoption of” there were substituted “the making of a parental order in relation to”;

(c) in subsection (4), the words “or agency” were omitted in each place they appear;

(d) in subsection (4)(c) for “an adopted person” there were substituted “the subject of a parental order”;

(e) in subsection (4)(f) the words from “including” to the end were omitted;

(f) subsection (5) were omitted;

(g) in subsection (6)—

(i) for “the adoption of” there were substituted “the making of a parental order in relation to”;

(ii) after “whether” there were inserted “under section 54 or section 54A (as the case may be) of the Human Fertilisation and Embryology Act 2008”;

(iii) after the words “this Act”, where they first appear, there were inserted “(as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”; and

(iv) for “any order under this Act” there were substituted “an order under either of those sections or under this Act as so applied”; and

(h) in subsection (7)—

(i) for “the adoption of” there were substituted “the making of a parental order in relation to”’

(ii) for the words from “include” to “variation of such an order,” in paragraph (a) there were substituted “include a parental order (or the revocation of such an order),”;

(iii) the words “adoption agency or” in paragraph (b) were omitted; and

(iv) at the end the words “as modified” were inserted.

3. Section 2(5)( 10) has effect in respect of a parental order without modification.

4.—(1) Section 36(1), (4), (6) and (7) (restrictions on removal) is modified as follows.

(2) Where an application for a parental order is made under section 54 of the 2008 Act (parental orders: two applicants), subsection (1) is to be read as if—

(a) the words from “(“the people concerned”)” to “people concerned” were omitted;

(b) for paragraph (a) there were substituted—

“(a) who have applied for a parental order under section 54 of the 2008 Act in respect of the child and the application has not been disposed of”;

(c) paragraphs (b) and (c) were omitted; and

(d) for the words from “group of sections” to “Northern Irish adoption agency” there were substituted “section and section 37 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”.

(3) Where an application for a parental order is made under section 54A of the 2008 Act (parental orders: one applicant), subsection (1) is to be read as if there were substituted—

“(1) At any time when a child's home is with a person who has applied for a parental order under section 54A of the 2008 Act in respect of the child, and the application has not been disposed of, a person may remove the child only in accordance with the provisions of this section and section 37 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations).”

(4) Subsection (4) has effect as if for “This section” there were substituted “In the case of an application for a parental order made under section 54(11) or 54A(11) of the 2008 Act, this section”.

(5) Subsection (6) has effect as if—

(a) paragraph (a) were omitted; and

(b) in paragraph (b), after “this section,” there were inserted “(as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”.

(6) Subsection (7) has effect as if for “This group of sections applies” there were substituted “This section and section 37 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations) apply”.

5. Section 37( 11) (applicants for adoption) has effect in respect of a parental order as if for “section 36(1)(a),” there were substituted “section 36(1) (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”.

6.—(1) Section 41 (recovery orders) is modified as follows.

(2) Subsection (1) has effect as if—

(a) for “any of the preceding provisions of this Chapter” there were substituted “section 36 and 37 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”; and

(b) as if paragraph (b) were omitted.

(3) Subsection (2) has effect as if after “subsection (4)” there were inserted “(as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”.

(4) Subsection (3) has effect without modification.

(5) Subsection (4) has effect as if—

(a) after “subsection (2)” there were inserted “(as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”; and

(b) paragraph (c) were omitted.

7.—(1) Section 46(1) to (4) (adoption orders) is modified as follows.

(2) Subsection (1) has effect as if it were substituted with—

“(1) A parental order is an order transferring parental responsibility for a child to whom the order applies to the person or persons (as the case may be) who obtained the order.”.

(3) Subsection (2) has effect as if—

(a) in the opening words, for “an adoption” there were substituted “a parental”;

(b) in paragraph (a), for “adopters or adopter” there were substituted “person or persons (as the case may be) who obtained the order” and for “adopted child” there were substituted “child who is the subject of the parental order”; and

(c) in paragraph (d), the word “adopted” were omitted and for “adoption” there were substituted “parental”.

(4) Subsection (3) has effect as if—

(a) in the opening words, for “an adoption” there were substituted “a parental”; and

(b) paragraph (b) were omitted.

8.—(1) Section 48 (restrictions on making adoption orders) is modified as follows.

(2) Subsection (1) Act has effect as if—

(a) for the words “an adoption order” there were substituted “a parental order”; and

(b) after “subsection (2)” there were inserted...

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