1 Citation and interpretation

(1)    This Order may be cited as the Children and Adoption Act 2006 (Commencement No 1) Order 2007.

(2)    In this Order, “the Act” means the Children and Adoption Act 2006.

NOTES
Initial Commencement
Date Made

Date made: 1 August 2007: (no specific commencement provision).

2 Appointed days

2Appointed days

(1)    2nd August 2007 is the appointed day for the coming into force of the following provisions of the Act—

(a)    for the purpose of making regulations, section 11 (the special restrictions),

(b)    for the purpose of making regulations, section 12(1) and (7) (imposition of extra conditions in certain cases), and

(c)    section 14(3) (other amendments relating to adoptions from abroad).

(2)    1st October 2007 is the appointed day for the coming into force of the following provisions of the Act—

(a)    section 6 (provision as to family assistance orders),

(b)    section 7 (risk assessments),

(c)    section 14(1) and (2) (other amendments relating to adoptions from abroad), and

(d)    section 15(2) and Schedule 3 (repeals) in so far as they relate to section 16(3)(a) of the Children Act 1989.

NOTES
Initial Commencement
Date Made

Date made: 1 August 2007: (no specific commencement provision).

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Signature

Kevin Brennan

Parliamentary Under Secretary of State

Department for Children, Schools and Families

1st August 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order is the first Commencement Order made by the Secretary of State under the Children and Adoption Act 2006 (“the Act”). (Section 13 of the Act was brought into force, in relation to Wales, on 2nd April 2007 by the Children and Adoption Act 2006 (Commencement No 1) (Wales) Order 2007, SI 2007/733 (W 65) (C 31).)

Article 2(1)(a) and (b) of this Order bring into force section 11 and section 12(1) and (7) of the Act on 2nd August 2007 for the purpose of making regulations relating to special restrictions on adoptions from abroad and to the imposition of extra conditions in certain cases. These sections of the Act extend to England and Wales and to Northern Ireland.

Article 2(1)(c) brings into force section 14(3) of the Act on 2nd August 2007. Section 14(3) amends Schedule 8 to the Children Act 1989 so that a child brought into the United Kingdom is not a privately fostered child if a local authority has been given notice of an intention to apply for an adoption order in respect of the child in accordance with section 44(2) of the Adoption and Children Act 2002. Section 14(3) of the Act extends to England and Wales.

Article 2(2) brings into force sections 6 (and a related repeal), 7 and 14(1) and (2) of the Act on 1st October 2007. Section 6 amends section 16 of the Children Act 1989 in respect of family assistance orders. Section 7 of the Act inserts a new section 16A into the Children Act 1989, placing a duty on an officer of the Children and Family Court Advisory and Support Service or a Welsh family proceedings officer to make a risk assessment and provide it to the Court where, when carrying out any function in connection with certain family proceedings or orders made in such proceedings, he has cause to suspect that the child concerned is at risk of harm. Section 14(1) extends to twelve months the six month period in section 83(1)(b) of the Adoption and Children Act 2002 (restrictions on bringing children into the United Kingdom); by virtue of section 14(2), the amendment made by section 14(1) applies only in relation to a child adopted outside the British Islands under an adoption effected after section 14(1) comes into force. Sections 6, 7, and 14(1) and (2) of the Act extend to England and Wales.

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