PART IV.

Registration of Adoption Societies.

34. —(1) It shall not be lawful for any body of persons to make or attempt to make any arrangements for the adoption of a child under seven years of age unless that body is a registered adoption society or a public assistance authority or for that purpose to retain a child in their custody or arrange to have him retained by any other person or body.

(2) If any person takes any part in the management or control of a body of persons which exists wholly or in part for the purpose of making arrangements for adoption, and which is not a registered adoption society or a public assistance authority, he shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both.

(3) In any proceedings under this section, proof of things done or of words written, spoken, or published (whether or not in the presence of any party to the proceedings) by any person taking part in the management or control of a body of persons, or in making arrangements for adoption on behalf of the body, shall be admissible as evidence of the purpose for which that body exists.

35. —(1) The Board shall keep an Adoption Societies Register (in this Part referred to as the register).

(2) The register shall be open to public inspection during ordinary office hours.

(3) Entries in the register shall be in the prescribed form and contain the prescribed particulars.

36. —(1) Subject to the provisions of this section, the Board shall enter in the register any body of persons which applies to be registered and furnishes to the Board such information as the Board may think necessary to enable it to determine if the body is entitled to be registered.

(2) The Board shall not register any body of persons unless the Board is satisfied—

(a) that the body is one which exists only for the purpose of promoting charitable, benevolent or philanthropic objects, whether or not any such object is charitable within the meaning of any rule of law, and

(b) that the body is competent to discharge the obligations imposed upon registered adoption societies under this Act.

(3) The Board may refuse to register any body of persons if it appears to the Board that any person who takes part in the management or control of the body or who is engaged on its behalf in connection with the making of arrangements for adoption is not a fit and proper person to act.

37. —The Board may cancel the registration of a registered adoption society on any ground which would require or entitle the Board to refuse an application for the registration of the society or if it appears to the Board that the requirements of this Act are not being adequately complied with by the society or if an offence under this Act is committed by the society or by any person acting on its behalf.

38. —(1) A registered adoption society and every officer of the society or other person taking part in its management or control shall—

(a) furnish the Board with such information as the Board may from time to time by notice in writing require in regard to its constitution, membership, employees, organisation and activities;

(b) at all reasonable times permit a member or authorised officer of the Board to inspect and make copies of all books and documents relating to adoption in the possession or control of the society.

(2) A person who contravenes, whether by act or omission, a provision of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

39. —(1) Where the mother or guardian of a child proposes to place the child at the disposal of a registered adoption society for adoption under this Act the society shall, before accepting the child—

(a) furnish that person with a statement in writing in the prescribed form explaining clearly—

(i) the effect of an adoption order upon the rights of a mother or guardian, and

(ii) the provisions of this Act relating to consent to the making of an adoption order; and

(b) ensure that the person understands the statement and that he signs a document to that effect.

(2) In the case of failure to comply with any of the requirements of subsection (1), the society, every person who takes part in its management or control and every person concerned in the acceptance of the child on behalf of the society shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.