SCHEDULE 1
Regulation 2
Application of Adoption and Children Act 2002 Provisions with Modifications to Parental Orders and Applications for such Orders
Column 1 |
Column 2 |
Provisions of the 2002 Act |
Modifications |
Section 1 (considerations applying to the exercise of powers) |
(i) As if the words “or adoption agency” were omitted on each occasion they appear; (ii) as if in section 1(1) for “the adoption of” there were substituted “the making of a parental order in relation to”; (iii) as if in section 1(4) the words “or agency” were omitted on each occasion they appear; (iv) as if in section 1(4)(c) for “an adopted person” there were substituted “the subject of a parental order”; (v) as if in section 1(4)(f) the words from “including” to “regarding the child” were omitted; (vi) as if section 1(5) were omitted; (vii) as if in section 1(6) after “whether” there were inserted “under section 54 of the Human Fertilisation and Embryology Act 2008,”, as if after the words “this Act” on the first occasion they appear there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”10and as if for “any order under this Act” there were substituted “an order under that section or under this Act as so applied”; (viii) as if in section 1(7) for “the adoption of” there were substituted “the making of a parental order in relation to”; (ix) as if for the words in section 1(7)(a) from “include” to “variation of such an order),” there were substituted “include a parental order (or the revocation of such an order),”; and (x) as if in section 1(7)(b) the words “adoption agency or” were omitted. |
Section 2(5) (basic definitions) |
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Section 36(1), (4), (6) and (7) (restrictions on removal) |
(i) As if in section 36(1) the words from “(“the people concerned”)” to “people concerned” were omitted; (ii) as if for section 36(1)(a) there were substituted “(a) who have applied for a parental order in respect of the child and the application has not been disposed of,”; (iii) as if section 36(1)(b) and (c) were omitted; (iv) as if in section 36(1) 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”; (v) as if in section 36(4) for “This section” there were substituted “In the case of an application for a parental order under section 54(11) of the Human Fertilisation and Embryology Act 2008 this section,”; (vi) as if section 36(6)(a) were omitted; (vii) as if in section 36(6)(b) after “this section,” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; and (viii) as if in section 36(7) 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”. |
Section 37 (applicants for adoption) |
As if after “section 36(1)(a),” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”. |
Section 41 (recovery orders) |
(i) As if in section 41(1)(a) for “any of the preceding provisions of this Chapter” there were substituted “section 36 or 37 as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; (ii) as if section 41(1)(b) were omitted; (iii) as if in section 41(2)(a) after “subsection (4)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; (iv) as if in section 41(3) after “subsection (2)(d)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; (v) as if in section 41(4) after “subsection (2)” there were inserted “as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations”; and (vi) as if section 41(4)(c) were omitted. |
Section 46(1) to (4) (adoption orders) |
(i) As if for the words “an adoption order” on each occasion they appear there were substituted “a parental order”; (ii) as if for section 46(1) there were substituted “1 A parental order transfers parental responsibility for a child in respect of whom it is made to the persons who obtained the order”; (iii) as if in section 46(2)(a) for “adopters or adopter” there were substituted “persons who obtained the order” and for “adopted child” there were substituted “child who is the subject of the parental order”; (iv) as if in section 46(2)(d) the word “adopted” was omitted and for “adoption” there were substituted “parental”; and (v) as if section... |
