Legislation – Adoption and Children Act (Northern Ireland) 2022
Changes to legislation:
Adoption and Children Act (Northern Ireland) 2022, Section 98 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 98:
- Act applied (with modifications) by S.I. 2018/412, Sch. 3 (as substituted) by 2022 c. 18 (N.I.) Sch. 3 para. 83
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/412, Sch. 3 (as substituted) by 2022 c. 18 (N.I.) Sch. 3 para. 83
PART 1Adoption
CHAPTER 7Miscellaneous
Restrictions
Restriction on reports98
(1)
A person who is not within a prescribed description may not, in any prescribed circumstances, prepare a report for any person about the suitability of a child for adoption or of a person to adopt a child or about the adoption, or placement for adoption, of a child.
(2)
If a person (“P”)—
(a)
contravenes subsection (1); or
(b)
causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,
P is guilty of an offence.
(3)
If a person who works for an appropriate voluntary organisation—
(a)
contravenes subsection (1); or
(b)
causes a person to prepare a report, or submits to any person a report which has been prepared, in contravention of that subsection,
the person who manages the appropriate voluntary organisation is also guilty of the offence.
(4)
A person (“P”) is not guilty of an offence under subsection (2)(b) unless it is proved that P knew or had reason to suspect that the report would be, or had been, prepared in contravention of subsection (1); but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether P had the knowledge or reason mentioned.
(5)
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.