Adoption Act 1976
| Act of Parliament | |
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| Long title | An Act to consolidate the enactments having effect in England and Wales in relation to adoption. |
|---|---|
| Citation | 1976 c. 36 |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 22 July 1976 |
| Commencement | 1 January 1988[c] |
| Repealed | 30 December 2005 (in part) |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes |
|
| Amended by |
|
| Relates to | |
Status: Partially repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Adoption Act 1976 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Adoption Act 1976 (c. 36) is an act of the Parliament of the United Kingdom that consolidated enactments related to adoption in England and Wales.[1]
The Adoption (Scotland) Act 1978 made equivalent provisions for Scotland.
Background
Consolidation of acts related to children and young persons was first proposed by the Law Commission in their first programme on consolidation and statute law revision, published on 17 November 1965.[2] However, following this work was abandoned following the introduction and passage of the Children and Young Persons Act 1969.[3]
The Commission proposed resuming their work on consolidation in this field in their second programme on consolidation and statute law revision, published on 20 April 1971. The Commission proposed that following the report of the Houghton Committee on the Adoption of Children, they should progress with the consolidation of the law of adoption, compromising of the Adoption Act 1958 (7 & 8 Eliz. 2. c. 5), the Adoption Act 1960 (8 & 9 Eliz. 2. c. 59), the Adoption Act 1964 and the Adoption Act 1968, in addition to the consolidation of the law of employment of children, compromising of the Employment of Women, Young Persons, and Children Act 1920 (10 & 11 Geo. 5. c. 65), part II of the Children and Young Persons Act 1933 (23 & 24 Geo. 5. c. 12 ) and part II of the Children and Young Persons Act 1963.[4]
Provisions
Repealed enactments
Section 73(3) of the act repealed 13 enactments, listed in schedule 4 to the act.[5]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 7 & 8 Eliz. 2. c. 5 | Adoption Act 1958 | The whole act so far as unrepealed. |
| 1959 c. 72 | Mental Health Act 1959 | In section 19(3), the words " or a protected child within the meaning of Part IV of the Adoption Act 1958 ". |
| 1960 c. 59 | Adoption Act 1960 | The whole act. |
| 1964 c. 57 | Adoption Act 1964 | The whole act. |
| 1968 c. 46 | Health Services and Public Health Act 1968 | In section 64(3)(a), paragraphs (v) and (xii). |
| In section 65(3)(b), paragraphs (v) and (xiii). | ||
| 1968 c. 53 | Adoption Act 1968 | The whole act. |
| 1969 c. 54 | Children and Young Persons Act 1969 | In Schedule 5, paragraphs 33 to 36. |
| 1970 c. 31 | Administration of Justice Act 1970 | In Schedule 1, the paragraph relating to appeals under section 10 of the Adoption Act 1958. |
| 1970 c. 42 | Local Authority Social Services Act 1970 | In Schedule 1, the paragraphs relating to the Adoption Act 1958 and Part I of the Children Act 1975. |
| 1971 c. 3 | Guardianship of Minors Act 1971 | In Schedule 1, the paragraph relating to the Adoption Act 1958. |
| 1972 c. 70 | Local Government Act 1972 | In Schedule 23, paragraph 8. |
| 1975 c. 72 | Children Act 1975 | Part I. |
| Section 100(4), (5) and (6). | ||
| In section 102(1), the words " Part I except section 24(6) or " and paragraph (a). | ||
| In section 107(1), the definitions of " adoption order", " adoption society ", "approved adoption society", "British adoption order", " British territory ", "the Convention", "Convention adoption order", " Convention country " and " United Kingdom national", and, in the definition of " guardian ", paragraph (b). | ||
| Schedules 1 and 2. | ||
| In Schedule 3, paragraphs 6, 16(b), 17, 21 to 40, 44, 45, 61 to 65, and 74(a). | ||
| 1976 c. 31 | Legitimacy Act 1976 | In Schedule 1, paragraph 7. |
Subsequent developments
Most provisions of the act were repealed by section 139(3) of, and schedule 5 to, the Adoption and Children Act 2002, which came into force on 30 December 2005.[6] Certain provisions of the act were preserved for transitional purposes by schedule 4 to that act, in particular in respect of adoptions made before that date.
Notes
References
- ↑ Cretney, S. M. (2003). Family Law in the Twentieth Century: A History. Oxford University Press. ISBN 0-19-826861-0.
- ↑ Law Commission (17 November 1965). Law Commission's First Programme on Consolidation and Statute Law Revision (PDF) (Report).
- ↑ Law Commission (20 April 1971). Law Commission's Second Programme on Consolidation and Statute Law Revision (PDF) (Report).
- ↑ Law Commission (20 April 1971). Law Commission's Second Programme on Consolidation and Statute Law Revision (PDF) (Report).
- ↑ "Adoption Act 1976", legislation.gov.uk, The National Archives, 1976 c. 36
- ↑ "Adoption and Children Act 2002", legislation.gov.uk, The National Archives, 2002 c. 38
External links
- Text of the Adoption Act 1976 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
- Text of the Adoption Act 1976 as originally enacted or made within the United Kingdom, from legislation.gov.uk.