The Human Fertilisation and Embryology (Parental Orders) Regulations 2010

Cited as:SI 2010/985
Jurisdiction:UK Non-devolved

2010No. 985

HUMAN FERTILISATION AND EMBRYOLOGY

The Human Fertilisation and Embryology (Parental Orders) Regulations 2010

24thMarch2010

6thApril2010

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

A draft of this instrument 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 2010 and shall come into force on 6th April 2010.

(2)Any provision of these Regulations which applies or modifies an enactment 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; and

"the 1987 Order" means the Adoption (Northern Ireland) Order 1987( 4).

(5)In these Regulations, and in any provision that is applied with modifications by regulation 2, 3 or 4 and Schedule 1, 2 or 3, "parental order" means an order under section 54 of the 2008 Act (parental orders) and, for the purposes of the provisions specified in paragraph (6), also includes an order under section 30 of the Human Fertilisation and Embryology Act 1990( 5) (parental orders).

(6)The provisions referred to in paragraph (5) are-

(a) sections 60, 77 to 82 of, and Schedule 1 to, the 2002 Act, as applied with modifications by regulation 2 and Schedule 1;(b) Articles 50 to 54 of, and Schedule 2 to, the 1987 Order, as applied with modifications by regulation 3 and Schedule 2;(c) sections 53 to 57 of, and Schedule 1 to, the 2007 Act, as applied with modifications by regulation 4 and Schedule 3; and(d) paragraphs 1, 13, 17, 18 and 20 of Schedule 4 to these Regulations.

Application of certain provisions of the 2002 Act subject to modifications

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

Application of certain provisions of the 1987 Order subject to modifications

3.The provisions of the 1987 Order set out in column 1 of Schedule 2 have effect in relation to parental orders made in Northern Ireland and applications for such orders as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in column 2 of that Schedule.

Application of certain provisions of the 2007 Act subject to modifications

4.The provisions of the 2007 Act set out in column 1 of Schedule 3 have effect in relation to parental orders made in Scotland and applications for such orders as they have effect in relation to adoption orders and applications for such orders, subject to the modifications set out in column 2 of that Schedule.

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

5.In the enactments mentioned in column 1 of Schedule 4, the references mentioned in column 2 of that Schedule (which relate to adoption, adopted children or an adoptive relationship) are to be read as provided for in column 2.

Appeals: England and Wales

6.In section 94 of the Children Act 1989( 6) (which relates to appeals from decisions of a magistrates' court in England and Wales) any reference to an order under the 2002 Act is to be read as including a reference to-

(a) a parental order; and(b) an order under any provision of the 2002 Act as applied by regulation 2 and Schedule 1.

Family Proceedings Rules: England and Wales

7.Until section 75 of the Courts Act 2003( 7) (Family Procedure Rules) comes into force in relation to parental orders, section 141 of the 2002 Act as applied by regulation 2 and Schedule 1 is to have effect as if-

(a) in subsection (1), the reference to Family Procedure Rules were a reference to rules of court made under section 40 of the Matrimonial and Family Proceedings Act 1984( 8); and(b) that subsection did not apply in relation to proceedings before Magistrates' Courts, but the powers to make rules conferred by section 144 of the Magistrates' Courts Act 1980( 9) included powers to make provision in respect of any of the matters mentioned in that subsection.

Signed by authority of the Secretary of State for Health.

Gillian Merron

Minister of State,

Department of Health

24th March 2010

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"( 10) and 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)

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 46(3)(b) were omitted.

Section 48 (restrictions on making 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 in section 48(1) after "subsection (2)" there were inserted "as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations";

(iii) as if in section 48(2)...

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