(2) Where this paragraph applies, section 1 of this Act shall have effect as if—
- (a) the reference in subsection (1) to the appropriate consent were a reference—
- (i) in a case within sub-paragraph (1)(a) above, to the consent of the adoption agency which made the application for the order or, if the parental rights and duties in respect of the child have been transferred from that agency to another agency by an order under section 23 of the 1975 c. 72.Children Act 1975, to the consent of that other agency;
- (ii) in a case within sub-paragraph (1)(b), (c) or (e) above, to the leave of the court to which the application was made; and
- (iii) in a case within sub-paragraph (1)(d) above, to the leave of the court which made the order or, as the case may be, to which the application was made; and
- (b) subsections (3) to (6) were omitted.
Cases within paragraphs 1 and 3
4. In the case of a child falling within both paragraph 1 and paragraph 3 above, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1.
Interpretation
5.—(1) In this Schedule—
- (a) subject to sub-paragraph (2) below, “adoption agency” has the same meaning as in section 1 of the Children Act 1975;
- (b) “adoption order” means an order under section 8(1) of that Act;
- (c) “custodianship order” has the same meaning as in Part II of that Act; and
- (d) “local authority” and “voluntary organisation” have the same meanings as in section 87 of the 1980 c. 5.Child Care Act 1980.
(2) Until the coming into force of section 1 of the Children Act 1975, for the words “adoption agency” in this Schedule there shall be substituted “approved adoption society or local authority”; and in this Schedule “approved adoption society” means an adoption society approved under Part I of that Act.
(3) In paragraph 3(1) above references to an order or to an application for an order are references to an order made by, or to an application to, a court in England or Wales.
(4) Paragraph 3(2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same petty sessions area as that court.
PRINTED IN ENGLAND BY W. J. SHARP
Controller and Chief Executive of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament
