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The Adoption of Children from Overseas and Intercountry Adoption (Hague Convention) (Amendment) Regulations (Northern Ireland) 2006

S.R. 2006/336 · Made 15 August 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Intercountry adoption

Made 15th August 2006

Coming into operation 21st August 2006

The Department of Health, Social Services and Public Safety f1, in exercise of the powers conferred on it by section 1(1), (3) and (5) of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001f2 and Articles 10(1), 16A, and 58ZA of the Adoption (Northern Ireland) Order 1987 f3, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

See S.I. 1999/283 (N.I. 1). Article 3(6)

f2

2001 c 11 (N.I.)

f3

S.I. 1987/2203 (N.I. 22) as amended by S.I. 1994/429 (N.I. 2), S.I. 1995/755 (N.I. 2); Articles 16A and 58ZA were inserted by sections 3 and 12 of 2001 c. 11 (N.I.)

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Adoption of Children from Overseas Regulations (Northern Ireland) 2002
  3. 3Amendment of the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Adoption of Children from Overseas and Intercountry Adoption (Hague Convention) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 21st August 2006.

2Amendment of the Adoption of Children from Overseas Regulations (Northern Ireland) 2002

(1)

The Adoption of Children from Overseas Regulations (Northern Ireland) 2002 f1 shall be amended in accordance with paragraph (2).

(2)

In regulation 3 (requirements applying to prospective adopters) –

(a)

In paragraph (2)(b), after “suitable to be an adoptive parent;”, the word “and” shall be omitted;

(b)

After paragraph (2)(b), the following paragraph shall be inserted:

“(ba)

The Department of Health, Social Services and Public Safety has notified the prospective adopter that it agrees that the prospective adopter’s case should proceed;”; and

(c)

In paragraph (2)(c), after “Secretary of State”, the words “for Health” shall be omitted.

3Amendment of the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003

(1)

The Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 f1 shall be amended in accordance with paragraph (2).

(2)

In paragraph (3) of regulation 9, after the words “the Central Authority”, where they occur for the second time, there shall be inserted “if it agrees that the prospective adopter’s case should proceed”.

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 15th August 2006

L.S.

Paul Martin

A senior officer of the

Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Order)

These Regulations provide for amendments to the Adoption of Children from Overseas Regulations (Northern Ireland) 2002 and the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003.

Regulation 2 amends regulation 3 of the Adoption of Children from Overseas Regulations (Northern Ireland) 2002 so as to require that, before bringing a child into the United Kingdom for the purpose of adoption, a prospective adopter must have received a notification from the Department of Health, Social Services and Public Safety that it agrees that the prospective adopter’s case should proceed.

Regulation 3 amends regulation 9 of the Intercountry Adoption (Hague Convention) Regulations 2003 so as to require the agreement of the Department of Health, Social Services and Public Safety as the Central Authority before a prospective adopter’s case is sent to the State of Origin’s Central Authority.