Clause 69 - Protection of trustees and personal representatives

Part of Adoption and Children Bill – in a Public Bill Committee am 11:15 am ar 6 Rhagfyr 2001.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Rosie Winterton Rosie Winterton Parliamentary Secretary (Lord Chancellor's Department) 11:15, 6 Rhagfyr 2001

The hon. Gentleman is right to say that the clause applies to exceptional circumstances. I accept that he, as a trustee, has a large knowledge of the law, but the clause ensures that trustees do not have to undertake unduly extensive inquiries, which might be quite difficult in cases of fraud, for example, if a relative challenged an adoption. As I said, the provisions have been carried over from the 1976 Act to give trustees some protection, so trustees will not have to make unduly searching inquiries in exceptional cases such as fraud. In the personal case he has described, the hon. Gentleman obviously knows the family and their background well, but in some instances trustees are professionals who do not have intimate knowledge of the family. The answer to his question about tracing is yes.