text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 and shall come into force —
a
as to all regulations except regulation 5(1) on 1st April 2003, and
b
as to regulation 5(1), on 1st July 2003.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 (“the Principal Regulations”) are amended as provided in regulations 3 to 5.
Amendment of regulation 12
3
1
Regulation 12 of the Principal Regulations (restrictions on the grant of large goods and passenger-carrying vehicle licences) is amended as provided in paragraphs (2) and (3).
2
In both paragraph (3)(b)(i) and paragraph (4)(a), for “at least one penalty point falls” there is substituted “at least four penalty points fall”.
3
For paragraph (3)(c) there is substituted —
c
must satisfy the Secretary of State that he has satisfactorily completed the off-road elements of the training programme prescribed for drivers of goods vehicles by Council Directive 76/914/ EEC (that is those set out in paragraphs 1 and 2.1 to 2.8 of the Annex to the directive)
.
Substitution of regulation 54
4
For regulation 54 of the Principal Regulations there is substituted —
Large goods vehicle drivers' licences granted to persons under the age of 21
54
1
A large goods vehicle driver’s licence granted to a person under the age of 21 is subject to the conditions prescribed in relation thereto, for the purposes of section 114(1) of the Traffic Act , in the following paragraphs.
2
An LGV trainee driver’s licence is subject to the condition that its holder shall not drive a large goods vehicle of any class which the licence authorises him to drive unless —
a
he is a registered employee of a registered employer, and
b
the vehicle is a large goods vehicle of a class to which his training agreement applies and is owned or operated by that registered employer or by a registered LGV driver training establishment.
3
A large goods vehicle driver’s licence held by a member of the armed forces of the Crown is subject to the condition that he shall not drive a large goods vehicle of any class unless it is owned or operated by the Secretary of State for Defence and is being used for naval, military or air force purposes.
4
A large goods vehicle driver’s licence which —
a
authorises the driving of a class of vehicles included in category C, and
b
is a full licence,
is subject to the condition that its holder shall not drive large goods vehicles of a class included in category C+E, other than vehicles included in sub-category C1+E the maximum authorised mass of which does not exceed 7.5 tonnes, as if he were authorised to do so by a provisional licence before the expiration of a period of six months commencing on the date on which he passed the test for that licence.
5
In this regulation —
“LGV trainee driver’s licence” means a large goods vehicle driver’s licence which —
authorises its holder to drive vehicles of a class included in category C or C+E,
is held by a person other than a member of the armed forces of the Crown, and
is in force for a period during the whole or part of which that person is under the age of 21;
“registered”, in relation to an employee, employer or training establishment, means registered for the time being by the Road Haulage and Distribution Training Council in accordance with the Training Scheme;
“training agreement”, in relation to an individual who is undergoing, or is to undergo, driver training under the Training Scheme, means the agreement between that individual and a registered employer;
“the Training Committee” means the Young LGV Driver Committee which is referred to in the Training Scheme;
“the Training Scheme” means the Young Large Goods Vehicle (LGV) Driver Training Scheme which has been established by the Road Haulage and Distribution Training Council and approved by the Secretary of State for the purpose of regulations under section 101(2) of the Traffic Act on 27th February 2003 for training young drivers of large goods vehicles.
Amendment of Schedule 7
5
1
For Parts 1 and 2 of Schedule 7 to the Principal Regulations (specified matters for the theory test) there are substituted respectively Parts 1 and 2 of Schedule 1 to these Regulations.
2
For Parts 3 and 4 of Schedule 7 to the Principal Regulations there are substituted respectively Parts 1 and 2 of Schedule 2 to these Regulations.
Transitional provisions
6
1
Notwithstanding regulation 5 above, for the purposes of regulations 38 and 40 of the Principal Regulations —
a
a person shall be treated as having passed the theory test if, before the date when the relevant provision of these Regulations comes into force, he has satisfied the person conducting a theory test that he has a sound knowledge and understanding of the specified matters prescribed at the date when he took that theory test, and
b
a theory test pass certificate furnished to that person in respect of that test shall continue to be valid in accordance with regulation 47 of the Principal Regulations.
2
In this regulation, “specified matters”, “theory test” and “theory test pass certificate” have the same meanings respectively as in the Principal Regulations.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
9th March 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Swindon) Order 2003 and shall come into force on 1st September 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Swindon except —
a
the entire length of the M4, and its on and off slip roads, within the borough; and
b
the entire length of the A419, within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
25th July 2003


text:
PART 1
General
Citation, commencement and application
1
1
These Regulations may be cited as the Intercountry Adoption (Hague Convention) Regulations 2003 and shall come into force on 1st June 2003.
2
These Regulations apply to England and Wales only.
Interpretation
2
In these Regulations —
“the 1976 Act ” means the Adoption Act 1976;
“the 1999 Act ” means the Adoption (Intercountry Aspects) Act 1999;
“the Adoption Agencies Regulations ” means the Adoption Agencies Regulations 1983 subject to the modifications set out in Schedule 4;
“adoption agency” means a local authority or an appropriate voluntary organisation which is an accredited body for the purposes of the Convention ;
“adoption panel” has the same meaning as in the Adoption Agencies Regulations;
“CA of the receiving State” means, in relation to a Convention country other than the United Kingdom, the Central Authority of the receiving State;
“CA of the State of origin” means, in relation to a Convention country other than the United Kingdom, the Central Authority of the State of origin;
“contact order” has the meaning given in section 8(1) of the Children Act 1989 ;
“eligible to adopt”, except in regulation 8(4)(a), has the meaning given in regulation 4;
“prospective adopter” means a married couple or a person who makes an application under regulation 3;
“receiving State” has the same meaning as in Article 2 of the Convention;
“relevant Central Authority” means —
in Part 2 —
in relation to a prospective adopter who is habitually resident in England, the Secretary of State; and
in relation to a prospective adopter who is habitually resident in Wales, the National Assembly for Wales; and
in Part 3 —
in relation to a local authority in England, the Secretary of State; and
in relation to a local authority in Wales, the National Assembly for Wales;
“relevant local authority” in Part 2 has the meaning given in regulation 15;
“State of origin” has the same meaning as in article 2 of the Convention.
PART 2
Requirements, procedure, recognition and effect of adoption in England and Wales where the United Kingdom is the receiving State
Application for determination of eligibility, and assessment of suitability, to adopt
3
1
A married couple or a person habitually resident in the British Islands who wishes to adopt a child habitually resident in a Convention country outside the British Islands shall apply to an adoption agency for a determination of eligibility, and an assessment of his suitability, to adopt.
2
An application under this regulation shall be made in writing and include such information as the agency may require.
Eligibility requirements
4
An adoption agency may not consider any person eligible to adopt unless the application under regulation 3 is made by a married couple or one person and —
a
in the case of an application by a married couple they have both —
i
attained the age of 21 years; and
ii
been habitually resident in any part of the British Islands for a period of not less than 1 year ending with the date of the application; or
b
in the case of an application by one person, he —
i
has attained the age of 21 years; and
ii
has been habitually resident in any part of the British Islands for a period of not less than 1 year ending with the date of the application.
Requirement to provide counselling and information
5
1
Where an application is made in accordance with regulation 3, the adoption agency must —
a
provide a counselling service for the prospective adopter;
b
explain to him the legal implications of adoption and the procedure in relation to adopting a child under the Convention; and
c
provide him with written information about the matters referred to in sub-paragraph (b).
2
Paragraph (1) does not apply if the adoption agency is satisfied that the requirements set out in that paragraph have been carried out in respect of the prospective adopter by another adoption agency.
Requirement to carry out police checks
6
1
An adoption agency must take steps to obtain —
a
in respect of the prospective adopter, an enhanced criminal record certificate within the meaning of section 115 of the Police Act 1997 including the matters specified in subsection (6A) of that section; and
b
in respect of any other member of his household aged 18 or over, an enhanced criminal record certificate under section 115 of that Act.
2
An adoption agency may not consider a person to be suitable to be an adoptive parent if he or any member of his household aged 18 or over —
a
has been convicted of an offence specified in Schedule 2 to the Adoption Agencies Regulations committed at the age of 18 or over; or
b
has been cautioned by a constable in respect of such an offence which, at the time the caution was given, he admitted.
Requirement to notify
7
1
The adoption agency must notify a prospective adopter in writing as soon as possible after becoming aware that —
a
he is not eligible to adopt because he does not meet the requirements of regulation 4; or
b
he is not suitable to be an adoptive parent by virtue of regulation 6.
2
In a case to which paragraph (1)(b) applies the notification must specify the conviction, or as the case may be, the caution in question.
Procedure in respect of carrying out an assessment
8
1
Where the adoption agency —
a
is satisfied that the prospective adopter is eligible to adopt in accordance with the provisions in regulation 4; and
b
considers he may be suitable to be an adoptive parent following any information provided or made available as a consequence of the carrying out of the requirements imposed by regulation 5 or otherwise,
it must set up a case record in respect of him and place on it any information obtained under that regulation or otherwise.
2
The adoption agency must obtain such particulars as are referred to in Part VI of Schedule 1 to the Adoption Agencies Regulations together with, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel.
3
The adoption agency must obtain a written report —
a
from a registered medical practitioner about the health of the prospective adopter which must deal with matters specified in Part VII of Schedule 1 to the Adoption Agencies Regulations;
b
about the premises where the prospective adopter intends to live with any child who might be adopted by him; and
c
of each of the interviews with the persons nominated by the prospective adopter to provide personal references for him,
and in a case where the agency is not the local authority in whose area the prospective adopter has his home, it must also obtain a written report about him from that authority.
4
The adoption agency must prepare a written report which must —
a
state the Convention country from which the prospective adopter wishes to adopt a child, confirm that he is eligible to adopt a child under the law of that Convention country and provide any other information which that Convention country usually requires;
b
include the agency’s assessment of the prospective adopter’s suitability to be an adoptive parent;
c
include any other observations of the agency on the matters referred to in regulations 3 to 6 and this regulation; and
d
include information and observations regarding the prospective adopter’s identity, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption as well as the characteristics of the children for whom he would be qualified to care for and any other information which may be relevant.
5
The adoption agency must notify the prospective adopter that his application is to be referred to the adoption panel and at the same time send him a copy of the agency’s report referred to in paragraph (4), inviting him to send any observations in writing to the agency on the report within 28 days, beginning with the date on which the notification was sent.
6
At the end of the period of 28 days referred to in paragraph (5) (or earlier if any observations made by the prospective adopter are received before the 28 days has expired) the adoption agency must pass the report referred to in paragraph (4) together with all relevant information obtained by it under this regulation (including the prospective adopter’s observations on the report), to the adoption panel.
Function of adoption panel
9
1
Subject to paragraph (2), the function of an adoption panel is to consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to that agency as to whether the prospective adopter is suitable to be an adoptive parent.
2
In considering what recommendation to make, the adoption panel —
a
must consider and take into account all information and reports passed to it in accordance with regulation 8(6);
b
may request the adoption agency to obtain any other relevant information which the panel considers necessary; and
c
may obtain legal advice as it considers necessary in relation to the case.
Adoption agency decision and notification
10
1
The adoption agency must take into account the recommendation of the adoption panel in coming to a decision about whether the prospective adopter is suitable to be an adoptive parent.
2
No member of an adoption panel shall take part in any decision made by the adoption agency under paragraph (1).
3
If the adoption agency decide to approve the prospective adopter as suitable to be an adoptive parent, it must notify him in writing of its decision.
4
If the adoption agency consider that the prospective adopter is not suitable to be an adoptive parent, it must —
a
notify the prospective adopter in writing that it proposes not to approve him as suitable to be an adoptive parent;
b
send with that notification its reasons together with a copy of the recommendations of the adoption panel, if different; and
c
invite the prospective adopter to submit any representations he wishes to make within 28 days.
5
If within the period of 28 days referred to in paragraph (4), the prospective adopter has not made any representations, the adoption agency may proceed to make its decision and shall notify the prospective adopter in writing of its decision together with the reasons for that decision.
6
If within the period of 28 days referred to in paragraph (4), the adoption agency receive further representations from the prospective adopter, it may refer the case together with all the relevant information to the adoption panel for further consideration.
7
The adoption panel must reconsider any case referred to it under paragraph (6) and make a fresh recommendation to the adoption agency as to whether the prospective adopter is suitable to be an adoptive parent.
8
The adoption agency must make a decision on the case but if the case has been referred to the adoption panel under paragraph (6) it must make the decision only after taking into account any recommendation of the adoption panel made under paragraph (7).
9
As soon as possible after making the decision under paragraph (8), the adoption agency must notify the prospective adopter in writing of its decision, stating its reasons for that decision if they do not consider the prospective adopter to be suitable to be an adoptive parent, and of the adoption panel’s recommendations, if this is different from the adoption agency’s decision.
Procedure following approval by adoption agency
11
1
Where the adoption agency is satisfied that the prospective adopter is eligible to adopt and has approved him as suitable to be an adoptive parent (“the decision”) it must send to the relevant Central Authority —
a
written confirmation of the decision; and
b
the report prepared for the purpose of regulation 8(4).
2
The relevant Central Authority may seek further information from the adoption agency, if that Authority considers it is appropriate to do so.
3
If the relevant Central Authority is satisfied that the adoption agency has complied with these Regulations and that all the relevant information has been supplied by that agency, the Authority must send to the CA of the State of origin —
a
a certificate in the form set out in Schedule 1 confirming that the —
i
prospective adopter is eligible to adopt;
ii
prospective adopter has been assessed in accordance with these Regulations;
iii
prospective adopter has been approved as suitable to be an adoptive parent;
iv
child will be authorised to enter and reside permanently in the United Kingdom if entry clearance, and leave to enter or remain as may be necessary, is granted and not revoked or curtailed and a Convention adoption order or Convention adoption is made;
b
a copy of the decision; and
c
a copy of the report prepared for the purpose of regulation 8(4).
4
The relevant Central Authority must notify the adoption agency and the prospective adopter in writing that the certificate and the documents referred to in paragraph (3) have been sent to the CA of the State of origin.
Procedure following receipt of the Article 16 Information from the CA of the State of origin
12
1
Where the relevant Central Authority receive from the CA of the State of origin, the Article 16 Information relating to the child whom the CA of the State of origin considers should be placed for adoption with the prospective adopter, the relevant Central Authority must send that Information to the adoption agency.
2
The adoption agency must consider the Article 16 Information and —
a
send that Information to the prospective adopter;
b
meet with him to discuss the Article 16 Information and the proposed placement; and
c
if appropriate, offer a counselling service and further information as required.
3
Where —
a
the procedure in paragraph (2) has been followed;
b
the prospective adopter (and where the prospective adopters are a married couple each of them) has visited the child in the State of origin; and
c
after that visit to the child, the prospective adopter confirmed in writing that he —
i
has visited that child; and
ii
wishes to proceed to adopt the child,
the adoption agency must notify the relevant Central Authority that the requirements specified in sub-paragraph (a), (b) and (c) have been satisfied and at the same time it must confirm that it is content that the adoption should proceed.
4
Where the relevant Central Authority has received notification from the adoption agency under paragraph (3), the relevant Central Authority shall —
a
notify the CA of the State of origin that —
i
the prospective adopter wishes to proceed to adopt the child;
ii
it is prepared to agree with the CA of the State of origin that the adoption may proceed; and
b
confirm to the CA of the State of origin that —
i
in the case where the requirements specified in section 1(5A) of the British Nationality Act 1981 are met that, the child will be authorised to enter and reside permanently in the United Kingdom; and
ii
in any other case, if entry clearance and leave to enter and remain, as may be necessary, is granted and not revoked or curtailed and a Convention adoption order or a Convention adoption is made, the child will be authorised to enter and reside permanently in the United Kingdom.
5
The relevant Central Authority must inform the adoption agency and the prospective adopter when the agreement under Article 17(c) of the Convention has been made.
6
If, at any stage before the agreement under Article 17(c) of the Convention is made, the CA of the State of origin notifies the relevant Central Authority that it has decided the proposed placement should not proceed, the relevant Central Authority must inform the adoption agency of the CA of the State of origin’s decision and the agency must then inform the prospective adopter and return the documents referred to in paragraph (2) to that Authority who must then return them to the CA of the State of origin.
7
If, at any stage before the child is placed with him, the prospective adopter notifies the adoption agency that he does not wish to proceed with the adoption of the child, that agency must inform the relevant Central Authority and return the documents to that Authority who must in turn notify the CA of the State of origin of the prospective adopter’s decision and return the documents to the CA of the State of origin.
8
Following any agreement under Article 17(c) of the Convention and the placement of the child by the adoption agency with the prospective adopter, the prospective adopter must accompany the child on entering the United Kingdom unless, in the case of a married couple, the agency and the CA of the State of origin have agreed that it is necessary for only one of them to do so.
9
For the purposes of this regulation “the Article 16 Information” means —
a
the report referred to in Article 16(1) of the Convention including information about the child’s identity, adoptability, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child;
b
proof of confirmation that the consents of the persons, institutions and authorities whose consents are necessary for adoption have been obtained in accordance with Article 4 of the Convention; and
c
the reasons for the CA of the State of origin’s determination on the placement.
Duty of adoption agency before the arrival of the child in England or Wales
13
Where the adoption agency is informed by the relevant Central Authority that the agreement under Article 17(c) of the Convention has been made and the adoption may proceed, that agency must —
a
send a written report of the child’s health history and current state of health, so far as it is known, to the prospective adopter’s registered medical practitioner, if any, together with particulars of the placement;
b
in a case where the adoption agency is not the local authority within whose area the prospective adopter has his home, notify that authority of the particulars of the placement; and
c
notify the local education authority within whose area the prospective adopter has his home in writing of the particulars of the placement if the child is of compulsory school age within the meaning of section 8 of the Education Act 1996 or the adoption agency’s medical adviser considers the child to have special needs or to be disabled.
Requirements following arrival of the child in the United Kingdom but no Convention adoption is made in the State of origin
14
Regulations 15 to 19 apply where, following agreement between the relevant Central Authority and the CA of the State of origin under Article 17(c) of the Convention that the adoption may proceed, no Convention adoption is made, or applied for, in the State of origin but the child is placed with the prospective adopter in the State of origin and he then returns to England or Wales with the child.
Duty of prospective adopter to notify local authority
15
A prospective adopter with whom the child is placed must within the period of fourteen days beginning with the date on which he brings the child into the United Kingdom give notice to the local authority within whose area he has his home (“the relevant local authority”) of —
a
his intention to apply for an adoption order to be made as a Convention adoption order in accordance with section 22 of the 1976 Act (notification to local authority of adoption application); or
b
his intention not to give the child a home.
Duty of prospective adopter where the child is placed with them
16
1
The prospective adopter with whom the child is placed is not required to allow the child to visit or stay with any person, or otherwise to allow contact between the child and any person, except under a contact order.
2
Subject to paragraphs (3) and (4), the prospective adopter may not cause or permit —
a
the child to be known by a new surname; or
b
the child to be removed from the United Kingdom,
unless the court gives leave or the relevant local authority agree.
3
Paragraph (2)(a) does not apply if the competent authority of the State of origin has agreed the child may be known by a new surname.
4
Paragraph (2)(b) does not apply if the removal of the child is for a period of less than one month by the prospective adopter.
Prospective adopter unable to proceed with application to adopt
17
Where the child is placed with the prospective adopter or regulation 20 applies and the prospective adopter gives notice to the relevant local authority that he does not wish to proceed with the adoption and no longer wishes to give the child a home, that authority must —
a
receive the child from him before the end of the period of 7 days beginning with the giving notice; and
b
notify the relevant Central Authority of his decision not to proceed with the adoption.
Removal of the child by the relevant authority
18
1
Subject to paragraph (4), where the child is placed with the prospective adopter or regulation 20 applies and the relevant local authority are of the opinion that —
a
the continued placement of the child with the prospective adopter is not in the child’s best interests; and
b
the child should not remain with the prospective adopter,
that authority must give notice to the prospective adopter of their opinion.
2
The prospective adopter must, not later than the end of the period of 7 days beginning with the giving of notice, return the child to the authority.
3
Where the relevant local authority give notice under paragraph (1), they must also give notice to the relevant Central Authority that they have requested the return of the child.
4
Where a notice under paragraph (1) is given, but —
a
before the notice was given an application for a Convention adoption order was made; and
b
the application has not been disposed of,
the prospective adopter is not required by virtue of the notice to return the child to the authority unless the court so orders.
5
This regulation does not affect the exercise by any local authority or other person of any power conferred by any enactment or the exercise of any power of arrest.
Breakdown of placement
19
1
This regulation applies where —
a
the prospective adopter notifies the relevant local authority under regulation 17 that he does not wish to proceed with the adoption;
b
the relevant local authority have removed the child from the home of the prospective adopter in accordance with regulation 18; or
c
an application for a Convention adoption order is refused, or a Convention adoption or a Convention adoption order is annulled pursuant to section 53(1) of the 1976 Act .
2
Where the relevant local authority are satisfied that it would be in the child’s best interests to be placed for adoption with another prospective adopter habitually resident in the United Kingdom they must seek to identify a suitable adoptive parent for the child.
3
Where the relevant local authority have identified another prospective adopter who is eligible to adopt and has been assessed in accordance with these Regulations and approved as suitable to be an adoptive parent in accordance with regulations 3 to 10 —
a
that authority must notify the relevant Central Authority in writing that —
i
another prospective adopter has been identified; and
ii
the requirements, procedures and notifications as provided for in regulations 3 and 10 have been complied with; and
b
the requirements specified in regulation 11(1) shall apply in respect of that prospective adopter.
4
Where the relevant Central Authority has been notified in accordance with paragraph (3) —
a
regulation 11(2) to (4) shall apply in respect of that other prospective adopter;
b
it shall inform the CA of the State of origin of the proposed placement; and
c
it shall agree that placement with the CA of the State of origin in accordance with the provisions in this Part of these Regulations.
5
Where the relevant local authority are not satisfied it would be in the child’s best interests to be placed for adoption with another prospective adopter in England or Wales, it must liaise with the relevant Central Authority to arrange for the return of the child to his State of origin.
6
Before coming to any decision under this regulation, the relevant local authority must have regard to the wishes and feelings of the child, having regard to his age and understanding, and, where appropriate, obtain his consent in relation to measures to be taken under this regulation.
Convention adoptions subject to a probationary period
20
1
This regulation applies where —
a
the child has been placed with the prospective adopters by the competent authority of the State of origin and a Convention adoption has been applied for by the prospective adopter in the State of origin but the child’s placement with the prospective adopter is subject to a probationary period before the Convention adoption is made; and
b
the prospective adopter returns to England or Wales with the child before that probationary period is completed and the Convention adoption is made in the State of origin.
2
The relevant local authority must, if requested by the competent authority of the State of origin, submit a report about the placement to that authority and such a report must be prepared within such timescale and contain such information as the competent authority may reasonably require.
Prescribed requirements for the purposes of making a Convention adoption order
21
1
For the purposes of section 17 of the 1976 Act (requirements in respect of adoption order made as a Convention adoption order), where the United Kingdom is the receiving State the prescribed requirements are —
a
both spouses (in the case of an application by a married couple) or the applicant (in the case of an application by one person) have been habitually resident in any part of the British Islands for a period of not less than 1 year ending with the date of the application;
b
the child to be adopted has not attained the age of 18 years on the date of the application;
c
the child to be adopted was, on the date on which the agreement under Article 17(c) was made, habitually resident in a Convention country outside the British Islands; and
d
in a case where the applicant (in the case of an application by one person) or one of the spouses (in the case of an application by a married couple) is not a British citizen by virtue of the British Nationality Act 1981, the Home Office has confirmed that the child is authorised to enter and reside permanently in the United Kingdom.
Procedural requirements following a Convention adoption order or Convention adoption
22
1
Where a Convention adoption order is made by a court in England or Wales, the court must send a copy of that order to the relevant Central Authority.
2
On receipt of an order under paragraph (1), the relevant Central Authority must issue a certificate in the form set out in Schedule 2 certifying that the adoption has been made in accordance with the Convention.
3
A copy of the certificate issued under paragraph (2) must be sent to —
a
the CA of the State of origin;
b
the adoptive parents; and
c
the adoption agency and, if different, the relevant local authority.
4
Where the relevant Central Authority receive a certificate under Article 23 of the Convention in respect of a Convention adoption made in that Convention country, the relevant Central Authority must send a copy of that certificate to —
a
the adoptive parents; and
b
the adoption agency.
Refusal of a court in England or Wales to make a Convention adoption order
23
Where an application for a Convention adoption order is refused by the court or is withdrawn, the prospective adopter must return the child to the relevant local authority within the period determined by the court.
Annulment of a Convention adoption order or a Convention adoption
24
Where a Convention adoption order or a Convention adoption is annulled under section 53(1) of the 1976 Act the court must send a copy of the order to —
a
the relevant Central Authority for onward transmission to the CA of the State of origin;
b
the adoptive parents; and
c
the adoption agency and, if different, the relevant local authority.
PART 3
Requirements and procedure in England and Wales where the United Kingdom is the State of origin
Duty of adoption agency in respect of assessment of a child
25
1
This regulation applies where —
a
a local authority (referred to in this Part as “the LA”) —
i
has decided that adoption is in the best interests of a child under regulation 11(1) of the Adoption Agencies Regulations (“the first decision”);
ii
has considered the possibilities for placement of that child within the British Islands; and
iii
considers that adoption by a person habitually resident in a Convention country outside the British Islands may be in the child’s best interests; and
b
the child is free for adoption by virtue of an order made under section 18 of the 1976 Act, section 18 of the Adoption (Scotland) Act 1978 or Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987 .
2
The LA must refer the case of the child to the adoption panel together with —
a
the documents referred to in regulation 7(2)(e) of the Adoption Agencies Regulations originally sent to the adoption panel; and
b
a report from the child’s social worker —
i
as to why he considers that adoption by a person habitually resident in a Convention country outside the British Islands may be in the child’s best interests, and
ii
if appropriate, having regard to the child’s age and understanding, on the child’s views and wishes in relation to adoption.
Function of adoption panel
26
1
The adoption panel must consider the case of the child and make a recommendation to the LA as to whether adoption by a person habitually resident in a Convention country outside the British Islands is in the best interests of the child.
2
In considering what recommendation to make, the adoption panel must have regard to the duties imposed upon the LA by sections 6 and 7 of the 1976 Act (duty to promote the welfare of the child and religious upbringing of adopted child) and must —
a
consider and take into account all the information and reports passed to it under regulation 25(2);
b
request the LA to obtain any other relevant information which the adoption panel considers necessary; and
c
obtain legal advice in relation to the case as may be necessary.
Decision and notification
27
1
The LA must make a decision on the case referred to the adoption panel only after taking into account the recommendation of the adoption panel.
2
No member of an adoption panel shall take part in any decision made by the LA under paragraph (1).
3
The LA must notify the relevant Central Authority —
a
of the name and age of the child;
b
of the reasons why they consider that the child may be suitable for adoption by a person habitually resident in a Convention country outside the British Islands;
c
of the date the freeing order under section 18 of the 1976 Act, section 18 of the Adoption (Scotland) Act 1978 or Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987 was made; and
d
of any other information that Authority may require.
4
The relevant Central Authority is to maintain a list of children who are notified to that Authority under paragraph (3) and shall make the contents of that list available for consultation by other Central Authorities within the British Islands.
5
Where a LA —
a
places for adoption a child whose details have been notified to the relevant Central Authority under paragraph (3); or
b
determines that adoption by a person habitually resident in a Convention country outside the British Islands is no longer in the best interests of such a child,
they must notify the relevant Central Authority accordingly and that Authority must remove the details relating to that child from the Convention list.
6
In this regulation and regulation 28 “Convention list” means —
a
in relation to a relevant Central Authority, a list of children notified to that Authority in accordance with paragraph (3); or
b
in relation to any other Central Authority within the British Islands, a list of children notified to that Authority in accordance with provisions which correspond to paragraph (3).
Receipt of the Article 15 Report from the CA of the receiving State
28
1
This regulation applies where —
a
the relevant Central Authority receives a report from the CA of the receiving State which has been prepared for the purposes of Article 15 of the Convention (“the Article 15 Report”);
b
the Article 15 Report relates to a prospective adopter who is habitually resident in that receiving State (“a Convention prospective adopter”); and
c
the Convention prospective adopter wishes to adopt a child who is habitually resident in England or Wales.
2
If the relevant Central Authority is satisfied the Convention prospective adopter meets the following requirements —
a
in respect of age and marital status as provided for in sections 14 and 15 of the 1976 Act; and
b
in the case of a married couple, both Convention prospective adopters are, or in the case of a single Convention prospective adopter, that prospective adopter is habitually resident in a Convention country outside the British Islands,
the Authority must consult the Convention list and may, if the Authority considers it appropriate, consult any Convention list maintained by another Central Authority within the British Islands.
3
The relevant Central Authority may pass a copy of the Article 15 Report to any other Central Authority within the British Islands for the purpose of enabling that Authority to consult its Convention list.
4
Where the relevant Central Authority identifies a child on the Convention list who may be suitable to be adopted by the Convention prospective adopter, that Authority must send the Article 15 Report to the LA which referred the child’s details to the Authority.
5
The LA must consider the Article 15 Report and where it considers that it may be appropriate to place the child for adoption with the Convention prospective adopter it must refer the proposed placement for adoption to the adoption panel together with —
a
the Article 15 Report;
b
the documents and report referred to in regulation 25(2);
c
its observations on the proposed placement; and
d
any other relevant information about the child.
Duty of adoption panel in respect of proposed placement
29
1
The adoption panel must consider the proposed placement referred to it by the LA under regulation 25 and make a recommendation to the LA, as to whether —
a
the Convention prospective adopter is a suitable adoptive parent for the child; and
b
the proposed placement is in the best interests of the child.
2
In considering what recommendation to make under paragraph (1), the adoption panel —
a
must have regard to the child’s upbringing and his ethnic, religious and cultural background;
b
must have regard to the duties imposed upon the LA by sections 6 and 7 of the 1976 Act (duty to promote welfare of child and religious upbringing of adopted child);
c
must have regard to the documents and the Article 15 Report referred to it under regulation 28(4);
d
may request the LA to obtain any other relevant information which the adoption panel considers necessary; and
e
may obtain legal advice as it considers necessary in relation to the case.
LA decision in respect of placement
30
1
The LA must make a decision about the proposed placement only after having taken into account the recommendations of the adoption panel.
2
No member of an adoption panel shall take part in any decision made by the LA under paragraph (1).
Preparation of the Article 16 information for the CA of the receiving State
31
1
Where the LA decides under regulation 30 that the proposed placement is in the best interests of the child and the adoption may proceed, it must prepare a report for the purposes of Article 16(1) of the Convention which must include —
a
information about the child’s identity, suitability for adoption, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child; and
b
the reasons for their decision.
2
The LA must send the report referred to in paragraph (1) to the relevant Central Authority together with —
a
evidence that a freeing order has been made in respect of the child;
b
written observations relating to the child’s upbringing and to his or her ethnic, religious and cultural background; and
c
the report, if any, referred to in regulation 25(2)(b)(ii).
3
The relevant Central Authority must send the report and information referred to it under paragraph (2) to the CA of the receiving State.
4
The relevant Central Authority may notify the CA of the receiving State that it is prepared to agree that the adoption may proceed provided that CA has confirmed that —
a
the Convention prospective adopter has agreed to adopt the child and has received such counselling as may be necessary;
b
the Convention prospective adopter has confirmed that he will accompany the child to the receiving State, unless where the Convention prospective adopter is a married couple, the LA and the CA of the receiving State have agreed that it is necessary for only one of them to do so;
c
it is content for the adoption to proceed; and
d
the child is or will be authorised to enter and reside permanently in the Convention country if a Convention adoption is made in that Convention country or a Convention adoption order is made in the United Kingdom.
5
Subject to paragraph (7), the relevant Central Authority may not make an agreement under Article 17(c) of the Convention with the CA of the receiving State unless the LA have confirmed to that Authority that —
a
it has met the Convention prospective adopter;
b
the Convention prospective adopter has visited the child; and
c
the Convention prospective adopter is content for the adoption to proceed.
6
A LA may not place a child for adoption with a Convention prospective adopter unless the agreement under Article 17(c) of the Convention has been made and the relevant Central Authority must advise the LA when that agreement has been made.
7
In paragraph (5), the reference to “Convention prospective adopter” means in the case where the Convention prospective adopters are a married couple, both of them.
Prescribed requirements for the purposes of making a Convention adoption order
32
For the purposes of section 17 of the 1976 Act (requirements in respect of an adoption order made as a Convention adoption order) the prescribed requirements are in the case where the United Kingdom is the State of origin —
a
both spouses (in the case of an application by a married couple) are, or the applicant (in the case of an application by one person) is, habitually resident in a Convention country outside the British Islands on the date of the application;
b
the child to be adopted is free for adoption by virtue of an order made under section 18 of the 1976 Act, section 18 of the Adoption (Scotland) Act 1978, or Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987;
c
the child to be adopted is habitually resident in any part of the British Islands on the date of the application; and
d
the child to be adopted has not attained the age of 18 years on the date of the application.
Procedural requirements following a Convention adoption order or Convention adoption
33
1
Where a Convention adoption order is made by a court in England or Wales, the court must send a copy of that order to the relevant Central Authority.
2
On receipt of an order under paragraph (1), the relevant Central Authority must issue a certificate in the form set out in Schedule 2 certifying that the Convention adoption order has been made in accordance with the Convention.
3
A copy of the certificate must be sent to the —
a
CA of the receiving State; and
b
LA.
4
Where the relevant Central Authority receives a certification of the adoption having been made in accordance with the Convention from the competent authority of the receiving State, the relevant Central Authority must send a copy of that certification to the LA.
PART 4
Miscellaneous
Application, with or without modifications, of provisions of the 1976 Act
34
1
The provisions of the 1976 Act set out in column 1 of Schedule 3 to these Regulations shall apply with the modifications set out in column 2 of that Schedule in relation to adoptions under the Convention.
2
Paragraph (1) does not preclude the application of provisions of the 1976 Act, which do not require modifications, to adoptions under the Convention.
Application, with modifications, of provisions of the Adoption Agencies Regulations
35
The Adoption Agencies Regulations shall apply together with the modifications set out in Schedule 4 to these Regulations in relation to adoptions under the Convention.
Offences
36
Any person who contravenes or fails to comply with —
a
regulation 15 (notification to local authority);
b
regulation 18(2) (return of child to relevant local authority);
c
regulation 18(4) (return of child to relevant authority as ordered by the court); or
d
regulation 23 (return of child to relevant authority within period prescribed by court),
without reasonable excuse is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
Transitional and consequential provisions
37
1
These Regulations shall not apply in relation to the case of any prospective adopter who wishes to adopt a child from a Convention country outside the British Islands which has been referred by the adoption agency (dealing with the case) to the adoption panel before the date on which these Regulations come into force.
2
No application may be made for a Convention adoption order under section 17 of the 1976 Act unless the arrangements for the adoption of the child have been made in accordance with these Regulations.
Signed by the authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
26th January 2003


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the British Nationality (General) Regulations 2003 and shall come into force on 1st April 2003.
Interpretation
2
1
In these Regulations, the following expressions have the meanings hereby assigned to them, that is to say —
“ the Act ” means the British Nationality Act 1981;
“applicant” in relation to an application made on behalf of a person not of full age or capacity means that person;
“High Commissioner” means, in relation to a country mentioned in Schedule 3 to the Act , the High Commissioner for Her Majesty’s Government in the United Kingdom appointed to that country, and includes the acting High Commissioner.
2
In the application of the provisions of regulation 6(2) or Schedule 4 where a function of the Secretary of State under the Act is exercised by the Lieutenant-Governor of any of the Islands by virtue of arrangements made under section 43(1) of the Act , any reference in those provisions to the Secretary of State shall be construed as a reference to the Lieutenant-Governor.
PART II
REGISTRATION AND NATURALISATION
Applications
3
Any application for registration as a British citizen, British Overseas citizen or British subject or for a certificate of naturalisation as a British citizen shall —
a
be made to the appropriate authority specified in regulation 4; and
b
satisfy the requirements of Part I and, if made on behalf of a person not of full age or capacity, Part II of Schedule 1 and such further requirements, if any, as are specified in relation thereto in Schedule 2.
Authority to whom application is to be made
4
1
Except as provided by paragraphs (2) and (3), the authority to whom an application is to be made is as follows:
a
if the applicant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office;
b
if the applicant is in any of the Islands, to the Lieutenant-Governor;
c
if the applicant is in a British overseas territory, to the Governor;
d
if the applicant is in a country mentioned in Schedule 3 to the Act, to the High Commissioner or, if there is no High Commissioner, to the Secretary of State at the Home Office;
e
if the applicant is elsewhere, to any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf.
2
The authority to whom an application under section 4(5) of the Act (acquisition by registration: British overseas territories citizens, etc ), on grounds of Crown Service under the government of a British overseas territory or service as a member of a body established by law in a British overseas territory, is to be made is in all cases the Governor of that territory.
3
The authority to whom an application under section 5 of the Act (acquisition by registration: nationals for purposes of the Community Treaties) is to be made is in all cases the Governor of Gibraltar.
Persons not of full age or capacity
5
An application may be made on behalf of someone not of full age or capacity by his father or mother or any person who has assumed responsibility for his welfare.
Oaths of allegiance
6
1
Where an oath of allegiance is required by section 42 of the Act to be taken by an applicant for registration or for a certificate of naturalisation, it shall be administered in accordance with the requirements of Schedule 3.
2
If, on an application for registration or for a certificate of naturalisation by an applicant who is required to take an oath of allegiance, the Secretary of State decides that the registration should be effected or the certificate should be granted he shall cause notice in writing of the decision to be given to the applicant; and the oath of allegiance shall be taken within three months of the giving of the notice or such longer time as the Secretary of State may allow.
3
Any notice required by paragraph (2) to be given to an applicant may be given —
a
in any case where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;
b
in a case where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.
Certificates of naturalisation
7
A certificate of naturalisation shall be in the form set out in Schedule 4.
PART III
RENUNCIATION AND DEPRIVATION
Declarations of renunciation
8
Any declaration of renunciation of British citizenship, British Overseas citizenship or the status of a British subject shall —
a
be made to the appropriate authority specified in regulation 9; and
b
satisfy the requirements of Schedule 5.
Authority to whom declaration of renunciation is to be made
9
The authority to whom a declaration of renunciation is to be made is as follows:
a
if the declarant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office;
b
if the declarant is in any of the Islands, to the Lieutenant-Governor;
c
if the declarant is in a British overseas territory, to the Governor;
d
if the declarant is in a country mentioned in Schedule 3 to the Act, to the High Commissioner or, if there is no High Commissioner, to the Secretary of State at the Home Office;
e
if the declarant is elsewhere, to any consular officer, any established officer in the Diplomatic Service of Her Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf.
Notice of proposed deprivation of citizenship
10
1
Where it is proposed to make an order under section 40 of the Act depriving a person of a citizenship status, the notice required by section 40(5) of the Act to be given to that person may be given —
a
in a case where that person’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;
b
in a case where that person’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.
2
If a notice required by section 40(5) of the Act is given to a person appearing to the Secretary of State or, as appropriate, the Governor or Lieutenant-Governor to represent the person to whom notice under section 40(5) is intended to be given, it shall be deemed to have been given to that person.
3
A notice required to be given by section 40(5) of the Act shall, unless the contrary is proved, be deemed to have been given —
a
where the notice is sent by post from and to a place within the United Kingdom, on the second day after it was sent;
b
where the notice is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after it was sent, and
c
in any other case on the day on which the notice was delivered.
Cancellation of registration of person deprived of citizenship
11
Where an order has been made depriving a person who has a citizenship status by virtue of registration (whether under the Act or under the former nationality Acts) of that citizenship status, the name of that person shall be removed from the relevant register.
Cancellation of certificate of naturalisation in case of deprivation of citizenship
12
Where an order has been made depriving a person who has a citizenship status by virtue of the grant of a certificate of naturalisation (whether under the Act or under the former nationality Acts) of that citizenship status, the person so deprived or any other person in possession of the relevant certificate of naturalisation shall, if required by notice in writing given by the authority by whom the order was made, deliver up the said certificate to such person, and within such time, as may be specified in the notice; and the said certificate shall thereupon be cancelled or amended.
PART IV
SUPPLEMENTAL
Evidence
13
A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act by means of a statement in writing to that effect signed by a person authorised by the Secretary of State, the Lieutenant-Governor, the High Commissioner or the Governor in that behalf.
Manner of signifying parental consent to registration
14
Where a parent, in pursuance of section 3(5)(c) of the Act, consents to the registration of a person as a British citizen under that subsection, the consent shall be expressed in writing and signed by the parent.
Revocation
15
The British Nationality (General) Regulations 1982 are hereby revoked.
Beverley Hughes
Minister of State
Home Office
6th March 2003


text:
Citation, commencement and application
1
This Order may be cited as The Education (School Teachers' Prescribed Qualifications, etc) Order 2003 and shall come into force on 1st August 2003.
2
This Order applies in relation to England and Wales.
Interpretation
3
In this Order –
“ the Act ” means the Education Act 2002;
“the 1982 Regulations ” means the Education (Teachers) Regulations 1982 ;
“the 1993 Regulations ” means the Education (Teachers) Regulations 1993 ;
“the 1999 Regulations for England ” means the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 ;
“the 1999 Regulations for Wales ” means the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 ;
“the 2003 Qualifications Regulations ” means the Education (School Teachers' Qualifications) (England) Regulations 2003 ;
“accredited institution” means an institution accredited by the Teacher Training Agency under regulation 11 of the 2003 Qualifications Regulations or an institution accredited by virtue of regulations made in relation to Wales under section 132 of the Education Act 2002 or, until any such regulations come into force, an institution accredited by the Higher Education Funding Council for Wales under paragraph 2 of Schedule 3 to the 1999 Regulations for Wales;
“employment-based teacher training scheme” means a scheme established by the Secretary of State under paragraph 19 of Schedule 2 to the 1999 Regulations for England or paragraph 10 of Schedule 2 to the 2003 Qualifications Regulations or any equivalent scheme established by the National Assembly for Wales pursuant to Regulations made under section 132 of the Act ;
“graduate teacher” means a person who has been granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations for England before 1st September 2002 or paragraphs 5 to 11 of Schedule 2 the 1999 Regulations for Wales at any time; and
“registered teacher” means a person who has been granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations for England before 1st September 2002 or paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations for Wales at any time.
School teachers' prescribed qualifications, etc
4
The following qualification is prescribed for the purposes of section 122(5)(a) of the Act, namely one obtained by a person as a result of successfully completing a programme of professional training for teachers in any country outside the United Kingdom which is recognised as such a programme of training by the competent authority in that country.
5
The following kinds of education and the following circumstances (or both) are prescribed for the purposes of section 122(5)(b) of the Act —
a
education provided by —
i
an assistant teacher at a nursery school, or
ii
a teacher of a nursery class,
who was permitted to be employed as a teacher by paragraph 4 of Schedule 4 to the 1982 Regulations and was so employed before 1st September 1989;
b
education provided by a person who is not a qualified teacher which consists of instruction in any art or skill or in any subject or group of subjects (including any form of vocational training) in circumstances where —
i
special qualifications or experience or both are required for such instruction,
ii
the local education authority (in the case of a school which has no delegated budget or a pupil referral unit), the governing body acting with the consent of the local education authority (in the case of a school which has a delegated budget), or the governing body (in the case of a special school not maintained by a local education authority) are satisfied as to his qualifications or experience or both, and
iii
no suitable qualified teacher, graduate teacher, registered teacher or teacher on an employment-based teacher training scheme is available for such instruction;
c
education provided by a person who was granted a licence under the provisions of Part II of Schedule 2 to the 1993 Regulations, as they applied before amendment by the Education (Teachers) (Amendment) (No.2) Regulations 1997 ; and
d
education provided by a person aged over 18 years who either —
i
has been accepted for admission to a course of initial teacher training at an accredited institution in England or Wales, and is awaiting admission to that course, or
ii
has been admitted to such a course but has failed satisfactorily to complete it by the date at the end of the period ordinarily required therefor, but during the next year following that date is continuing the course with a view to so completing it within that year.
6
The following kinds of training undertaken with a view to becoming a qualified teacher are prescribed for the purposes of section 122(5)(c) of the Act —
a
training undertaken as a result of being granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations for England or the 1999 Regulations for Wales;
b
training undertaken as a result of being granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations for England or the 1999 Regulations for Wales; and
c
training undertaken for the purposes of an employment-based teacher training scheme.
7
1
The following class of persons is prescribed for the purposes of section 122(5)(e) of the Act, namely persons over the age of 18 years, who are required to pass the teacher trainee skills tests in order to satisfy the specified standards in relation to qualifying as a teacher; and who
a
would have been notified by the Secretary of State in accordance with paragraph 1(1)(b) of Schedule 3 to the 1999 Regulations for England, as being a person mentioned in paragraphs 2, 7, 7A or 9 of Schedule 3 to those Regulations, or
b
are mentioned in paragraphs 7, 9, or 10 of Schedule 2 to the 2003 Qualifications Regulations and would have been awarded qualified teacher status by the General Teaching Council for England in accordance with regulation 10 of those Regulations,
but for the fact that they have not passed all the teacher trainee skills tests.
2
In this article —
a
the “specified standards” means such standards as may be specified from time to time by the Secretary of State as the standards required of a person who seeks to become a qualified teacher.
b
the “teacher trainee skills tests” means the literacy, numeracy and information and communications technology teacher trainee skills tests administered by or on behalf of the Teacher Training Agency.
David Miliband
Minister of State,
Department for Education and Skills
10th July 2003