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STATUTORY INSTRUMENTS


2005 No. 389

CHILDREN AND YOUNG PERSONS, ENGLAND SOCIAL CARE, ENGLAND

The Adoption Agencies Regulations 2005

  Made 23rd February 2005 
  Laid before Parliament 2nd March 2005 
  Coming into force 30th December 2005 


ARRANGEMENT OF REGULATIONS


PART 1

GENERAL
1. Citation, commencement and application
2. Interpretation

PART 2

ADOPTION AGENCY - ARRANGEMENTS FOR ADOPTION WORK
3. Establishment of adoption panel
4. Tenure of office of members of the adoption panel
5. Meetings of adoption panel
6. Payment of fees to member of local authority adoption panel
7. Adoption agency arrangements for adoption work
8. Requirement to appoint an agency adviser to the adoption panel
9. Requirement to appoint a medical adviser
10. Establishment of new adoption panels on 30 December 2005

PART 3

DUTIES OF ADOPTION AGENCY WHERE THE AGENCY IS CONSIDERING ADOPTION FOR A CHILD
11. Application of regulations 11 to 17
12. Requirement to open the child's case record
13. Requirement to provide counselling and information for, and ascertain wishes and feelings of, the child
14. Requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and others
15. Requirement to obtain information about the child
16. Requirement to obtain information about the child's family
17. Requirement to prepare child's permanence report for the adoption panel
18. Function of the adoption panel in relation to a child referred by the adoption agency
19. Adoption agency decision and notification
20. Request to appoint an officer of the Service or a Welsh family proceedings officer

PART 4

DUTIES OF ADOPTION AGENCY IN RESPECT OF A PROSPECTIVE ADOPTER
21. Requirement to provide counselling and information
22. Requirement to consider application for an assessment of suitability to adopt a child
23. Requirement to carry out police checks
24. Requirement to provide preparation for adoption
25. Prospective adopter's report
26. Function of the adoption panel
27. Adoption agency decision and notification
28. Information to be sent to the independent review panel
29. Review and termination of approval
30. Duties of the adoption agency in a section 83 case

PART 5

DUTIES OF ADOPTION AGENCY IN RESPECT OF PROPOSED PLACEMENT OF CHILD WITH PROSPECTIVE ADOPTER
31. Proposed placement
32. Function of the adoption panel in relation to proposed placement
33. Adoption agency decision in relation to proposed placement
34. Function of the adoption agency in a section 83 case

PART 6

PLACEMENT AND REVIEWS
35. Requirements imposed on the adoption agency before the child may be placed for adoption
36. Reviews
37. Independent reviewing officers
38. Withdrawal of consent

PART 7

CASE RECORDS
39. Storage of case records
40. Preservation of case records
41. Confidentiality of case records
42. Access to case records and disclosure of information
43. Transfer of case records
44. Application of regulations 40 to 42

PART 8

MISCELLANEOUS
45. Modification of 1989 Act in relation to adoption
46. Contact
47. Contact: supplementary

  SCHEDULE 1 INFORMATION
 PART 1 INFORMATION ABOUT THE CHILD
 PART 2 INFORMATION TO BE INCLUDED IN THE CHILD'S HEALTH REPORT
 PART 3 INFORMATION ABOUT THE CHILD'S FAMILY AND OTHERS
 PART 4 INFORMATION RELATING TO THE HEALTH OF THE CHILD'S NATURAL PARENTS AND BROTHERS AND SISTERS

  SCHEDULE 2 INFORMATION AND DOCUMENTS TO BE PROVIDED TO THE CAFCASS OR THE NATIONAL ASSEMBLY FOR WALES

  SCHEDULE 3
 PART 1 OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 23(3)(b)
 PART 2 REPEALED STATUTORY OFFENCES

  SCHEDULE 4
 PART 1 INFORMATION ABOUT THE PROSPECTIVE ADOPTER
 PART 2 REPORT ON THE HEALTH OF THE PROSPECTIVE ADOPTER

  SCHEDULE 5 ADOPTION PLACEMENT PLAN

The Secretary of State for Education and Skills, in exercise of the powers conferred on her by sections 26(1) to (2B), 59(4)(a) and (5) and 104(4) of the Children Act 1989[
1] and sections 9(1)(a), 11(1)(b), 27(3), 53(1) to (3), 54, 140(7) and (8) and 142 (4) and (5) of the Adoption and Children Act 2002[2], and all other powers enabling her in that behalf, hereby makes the following Regulations:



PART 1

GENERAL

Citation, commencement and application
     1.  - (1) These Regulations may be cited as the Adoption Agencies Regulations 2005 and shall come into force on 30th December 2005.

    (2) These Regulations apply to England only.

Interpretation
    
2.  - (1) In these Regulations - 



PART 2

ADOPTION AGENCY - ARRANGEMENTS FOR ADOPTION WORK

Establishment of adoption panel
     3.  - (1) Subject to paragraph (5), an adoption agency must establish at least one panel, to be known as an adoption panel, in accordance with this regulation.

    (2) The adoption agency must appoint to chair the panel a person, not being a disqualified person, who has the skills and experience necessary for chairing an adoption panel.

    (3) Subject to paragraph (5), the adoption panel shall consist of no more than ten members, including the person appointed under paragraph (2), and shall include  - 

    (4) The adoption agency must appoint one member of the adoption panel as vice chair ("vice chair") who shall act as chair if the person appointed to chair the panel is absent or his office is vacant.

    (5) An adoption panel may be established jointly by any two or more local authorities ("joint adoption panel") and if a joint adoption panel is established - 

    (6) A person shall not be appointed as an independent member of an adoption panel if - 

    (7) For the purposes of regulation 3(2) and (5)(b)(i) a person is a disqualified person if - 

    (8) For the purposes of paragraphs (6)(a) and (b)(ii) and (7) a person ("person A") is related to another person ("person B") if person A is - 

Tenure of office of members of the adoption panel
     4.  - (1) Subject to the provisions of this regulation and regulation 10, a member of an adoption panel shall hold office for a term not exceeding three years, and may not hold office for the adoption panel of the same adoption agency for more than three terms in total.

    (2) The medical adviser member of the adoption panel shall hold office only for so long as he is the medical adviser.

    (3) A member of an adoption panel may resign his office at any time by giving one month's notice in writing to the adoption agency.

    (4) Where an adoption agency is of the opinion that any member of the adoption panel is unsuitable or unable to remain in office, it may terminate his office at any time by giving him notice in writing with reasons.

    (5) If the member whose appointment is to be terminated under paragraph (4) is a member of a joint adoption panel, his appointment may only be terminated with the agreement of all the local authorities whose panel it is.

Meetings of adoption panel
    
5.  - (1) Subject to paragraph (2), no business shall be conducted by the adoption panel unless at least five of its members, including the person appointed to chair the panel or the vice chair and at least one of the social workers and one of the independent members, meet as the panel.

    (2) In the case of a joint adoption panel, no business shall be conducted unless at least six of its members, including the person appointed to chair the panel or the vice chair and at least one of the social workers and one of the independent members, meet as the panel.

    (3) An adoption panel must make a written record of its proceedings, its recommendations and the reasons for its recommendations.

Payment of fees to member of local authority adoption panel
    
6. A local authority may pay to any member of their adoption panel such fee as they may determine, being a fee of a reasonable amount.

Adoption agency arrangements for adoption work
    
7. An adoption agency must, in consultation with the adoption panel and, to the extent specified in regulation 9(2) with the agency's medical adviser, prepare and implement written policy and procedural instructions governing the exercise of the functions of the agency and the adoption panel in relation to adoption and such instructions shall be kept under review and, where appropriate, revised by the agency.

Requirement to appoint an agency adviser to the adoption panel
    
8.  - (1) The adoption agency must appoint a senior member of staff, or in the case of a joint adoption panel the local authorities whose panel it is must by agreement appoint a senior member of staff of one of them, (referred to in this regulation as the "agency adviser") - 

    (2) The agency adviser must be a social worker and have at least five years' relevant post-qualifying experience and, in the opinion of the adoption agency, relevant management experience.

Requirement to appoint a medical adviser
    
9.  - (1) The adoption agency must appoint at least one registered medical practitioner to be the agency's medical adviser.

    (2) The medical adviser shall be consulted in relation to the arrangements for access to, and disclosure of, health information which is required or permitted by virtue of these Regulations.

Establishment of new adoption panels on 30 December 2005
    
10.  - (1) All members of an adoption panel established before 30th December 2005 (referred to in this regulation as the "old adoption panel") shall cease to hold office on that date.

    (2) With effect from 30th December 2005 an adoption agency shall establish a new adoption panel in accordance with regulations 3 and 4.

    (3) This paragraph applies where the term of office of a member of the old adoption panel was extended by the adoption agency in accordance with regulation 5A(1A) of the Adoption Agencies Regulations 1983[
10].

    (4) This paragraph applies where a member of the old adoption panel was in his first term of office as a member of the old adoption panel.

    (5) A member of the old adoption panel who holds office immediately before 30th December 2005 may not hold office as a member of the new adoption panel of the same adoption agency - 



PART 3

DUTIES OF ADOPTION AGENCY WHERE THE AGENCY IS CONSIDERING ADOPTION FOR A CHILD

Application of regulations 11 to 17
     11. Regulations 11 to 17 apply where the adoption agency is considering adoption for a child.

Requirement to open the child's case record
    
12.  - (1) The adoption agency must set up a case record ("the child's case record") in respect of the child and place on it - 

    (2) Where an adoption agency places on the child's case record a notice under section 20(4)(a) or (b) of the Act, the agency must send a copy of that notice to a court which has given the agency notice of the issue of an application for an adoption order.

Requirement to provide counselling and information for, and ascertain wishes and feelings of, the child
     13.  - (1) The adoption agency must, so far as is reasonably practicable - 

    (2) Paragraph (1) does not apply if the adoption agency is satisfied that the requirements of that paragraph have been carried out in respect of the child by another adoption agency.

Requirement to provide counselling and information for, and ascertain wishes and feelings of, the parent or guardian of the child and others
    
14.  - (1) The adoption agency must, so far as is reasonably practicable - 

    (2) Paragraph (1) does not apply if the agency is satisfied that the requirements of that paragraph have been carried out in respect of the parent or guardian and any other person the agency considers relevant by another adoption agency.

    (3) This paragraph applies where the father of the child does not have parental responsibility for the child and the father's identity is known to the adoption agency.

    (4) Where paragraph (3) applies and the adoption agency is satisfied it is appropriate to do so, the agency must - 

Requirement to obtain information about the child
     15.  - (1) The adoption agency must obtain, so far as is reasonably practicable, the information about the child which is specified in Part 1 of Schedule 1.

    (2) Subject to paragraph (4), the adoption agency must - 

unless the agency has received advice from the medical adviser that such an examination and report is unnecessary.

    (3) Subject to paragraph (4), the adoption agency must make arrangements - 

    (4) Paragraphs (2) and (3) do not apply if the child is of sufficient understanding to make an informed decision and refuses to submit to the examinations or other tests.

Requirement to obtain information about the child's family
    
16.  - (1) The adoption agency must obtain, so far as is reasonably practicable, the information about the child's family which is specified in Part 3 of Schedule 1.

    (2) The adoption agency must obtain, so far as is reasonably practicable, the information about the health of each of the child's natural parents and his brothers and sisters (of the full blood or half-blood) which is specified in Part 4 of Schedule 1.

Requirement to prepare child's permanence report for the adoption panel
    
17.  - (1) The adoption agency must prepare a written report ("the child's permanence report") which shall include - 

    (2) The adoption agency must send - 

to the adoption panel.

    (3) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be requested by the adoption panel and send that information to the panel.

Function of the adoption panel in relation to a child referred by the adoption agency
    
18.  - (1) The adoption panel must consider the case of every child referred to it by the adoption agency and make a recommendation to the agency as to whether the child should be placed for adoption.

    (2) In considering what recommendation to make the adoption panel must have regard to the duties imposed on the adoption agency under section 1(2), (4), (5) and (6) of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and - 

    (3) Where the adoption panel makes a recommendation to the adoption agency that the child should be placed for adoption, it must consider and may at the same time give advice to the agency about - 

Adoption agency decision and notification
    
19.  - (1) The adoption agency must take into account the recommendation of the adoption panel in coming to a decision about whether the child should be placed for adoption.

    (2) No member of the adoption panel shall take part in any decision made by the adoption agency under paragraph (1).

    (3) The adoption agency must, if their whereabouts are known to the agency, notify in writing the parent or guardian and, where regulation 14(3) applies and the agency considers it is appropriate, the father of the child of its decision.

Request to appoint an officer of the Service or a Welsh family proceedings officer
    
20. Where the parent or guardian of the child is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must request the CAFCASS to appoint an officer of the Service[13] or the National Assembly for Wales to appoint a Welsh family proceedings officer[14] for the purposes of the signification by that officer of the consent to placement or to adoption by that parent or guardian and send with that request the information specified in Schedule 2.



PART 4

DUTIES OF ADOPTION AGENCY IN RESPECT OF A PROSPECTIVE ADOPTER

Requirement to provide counselling and information
     21.  - (1) Where an adoption agency is considering a person's suitability to adopt a child, the agency must - 

    (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 consider application for an assessment of suitability to adopt a child
    
22.  - (1) Where the adoption agency, following the procedures referred to in regulation 21, receives an application in writing in the form provided by the agency from a prospective adopter for an assessment of his suitability to adopt a child, the agency must set up a case record in respect of that prospective adopter ("the prospective adopter's case record") and consider his suitability to adopt a child.

    (2) The adoption agency may ask the prospective adopter to provide any further information in writing the agency may reasonably require.

    (3) The adoption agency must place on the prospective adopter's case record - 

Requirement to carry out police checks
    
23.  - (1) An adoption agency must take steps to obtain - 

    (2) An adoption agency may not consider a person suitable to adopt a child if he or any member of his household aged 18 or over - 

    (3) In paragraph (2), "specified offence" means - 

and the expression "offence against a child" has the meaning given to it by section 26(1) of the Criminal Justice and Court Services Act 2000[18] except that it does not include an offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child) in a case where the offender was under the age of 20 and the child was aged 13 or over at the time the offence was committed.

    (4) An adoption agency may not consider a person suitable to adopt a child if he or any member of his household aged 18 or over - 

notwithstanding that the statutory offences specified in Part 2 of Schedule 3 have been repealed.

    (5) Where an adoption agency becomes aware that a prospective adopter or a member of his household falls within paragraph (2) or (4), the agency must notify the prospective adopter as soon as possible that he cannot be considered suitable to adopt a child.

Requirement to provide preparation for adoption
     24.  - (1) Where an adoption agency is considering a person's suitability to adopt a child, the agency must make arrangements for the prospective adopter to receive such preparation for adoption as the agency considers appropriate.

    (2) In paragraph (1) "preparation for adoption" includes the provision of information to the prospective adopter about - 

    (3) 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.

Prospective adopter's report
    
25.  - (1) This regulation applies where the adoption agency, following the procedures referred to in regulations 23 and 24, consider the prospective adopter may be suitable to adopt a child.

    (2) The adoption agency must obtain the information about the prospective adopter which is specified in Part 1 of Schedule 4.

    (3) The adoption agency must obtain - 

    (4) The adoption agency must ascertain whether the local authority in whose area the prospective adopter has his home have any information about the prospective adopter which may be relevant to the assessment and if so obtain from that authority a written report setting out that information.

    (5) The adoption agency must prepare a written report ("the prospective adopter's report") which shall include - 

    (6) In a section 83 case, the prospective adopter's report shall also include - 

    (7) Where the adoption agency receives information under paragraph (2), (3) or (4) or other information in relation to the assessment of the prospective adopter and is of the opinion that a prospective adopter is unlikely to be considered suitable to adopt a child, it may make the prospective adopter's report under paragraph (5) notwithstanding that the agency may not have obtained all the information about the prospective adopter which may be required by this regulation.

    (8) The adoption agency must notify the prospective adopter that his application is to be referred to the adoption panel and give him a copy of the prospective adopter's report, inviting him to send any observations in writing to the agency within 10 working days, beginning with the date on which the notification is sent.

    (9) At the end of the period of 10 working days referred to in paragraph (8) (or earlier if any observations made by the prospective adopter are received before that period has expired) the adoption agency must send - 

to the adoption panel.

    (10) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

Function of the adoption panel
    
26.  - (1) Subject to paragraph (2), the adoption panel must consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child.

    (2) In considering what recommendation to make the adoption panel - 

    (3) Where the adoption panel makes a recommendation to the adoption agency that the prospective adopter is suitable to adopt a child, the panel may consider and give advice to the agency about the number of children the prospective adopter may be suitable to adopt, their age range, sex, likely needs and background.

    (4) Before making any recommendation, the adoption panel must invite the prospective adopters to attend a meeting of the panel.

Adoption agency decision and notification
    
27.  - (1) The adoption agency must make a decision about whether the prospective adopter is suitable to adopt a child.

    (2) No member of the adoption panel shall take part in any decision made by the adoption agency under paragraph (1).

    (3) Where the adoption agency decides to approve the prospective adopter as suitable to adopt a child, it must notify him in writing of its decision.

    (4) Where the adoption agency considers that the prospective adopter is not suitable to adopt a child, it must - 

    (5) If, within the period of 40 working days referred to in paragraph (4), the prospective adopter has not made any representations or applied to the Secretary of State for a review by an independent review panel, the adoption agency shall 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 40 working days referred to in paragraph (4), the adoption agency receives 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 consider 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 adopt a child.

    (8) The adoption agency must make a decision on the case but - 

    (9) As soon as possible after making its 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 suitable to adopt a child, and of the adoption panel's recommendation under paragraph (7), if this is different from the agency's decision.

    (10) In a case where an independent review panel has made a recommendation, the adoption agency shall send to the Secretary of State a copy of the notification referred to in paragraph (9).

Information to be sent to the independent review panel
    
28.  - (1) If the adoption agency receives notification from the Secretary of State that a prospective adopter has applied for a review by an independent review panel of the qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the Secretary of State the information specified in paragraph (2).

    (2) The following information is specified for the purposes of paragraph (1) - 

Review and termination of approval
    
29.  - (1) The adoption agency must review the approval of each prospective adopter in accordance with this regulation, unless - 

    (2) A review must take place whenever the adoption agency considers it necessary but otherwise not more than one year after approval and thereafter at intervals of not more than a year.

    (3) When undertaking such a review the adoption agency must - 

    (4) If at the conclusion of the review, the adoption agency considers that the prospective adopter may no longer be suitable to adopt a child, it must - 

    (5) At the end of the period of 10 working days referred to in paragraph (4)(c) (or earlier if the prospective adopter's comments are received before that period has expired), the adoption agency must send the prospective adopter's review report together with the prospective adopter's observations to the adoption panel.

    (6) The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be required by the adoption panel and send that information to the panel.

    (7) The adoption panel must consider the prospective adopter's review report, the prospective adopter's observations and any other information passed to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter continues to be suitable to adopt a child.

    (8) The adoption agency must make a decision as to whether the prospective adopter continues to be suitable to adopt a child and regulation 27(2) to (10) shall apply in relation to that decision by the agency.

Duties of the adoption agency in a section 83 case
    
30. Where the adoption agency decides in a section 83 case to approve a prospective adopter as suitable to adopt a child, the agency must send to the Secretary of State - 



PART 5

DUTIES OF ADOPTION AGENCY IN RESPECT OF PROPOSED PLACEMENT OF CHILD WITH PROSPECTIVE ADOPTER

Proposed placement
    
31.  - (1) Where an adoption agency is considering placing a child for adoption with a particular prospective adopter ("the proposed placement") the agency must - 

    (2) Where the adoption agency considers that the proposed placement should proceed, the agency must - 

    (3) The adoption agency must notify the prospective adopter that the proposed placement is to be referred to the adoption panel and give him a copy of the adoption placement report, inviting him to send any observations in writing to the agency within 10 working days, beginning with the date on which the notification is sent.

    (4) At the end of the period of 10 working days referred to in paragraph (3) (or earlier if observations are received before the 10 working days has expired) the adoption agency must send - 

to the adoption panel.

    (5) The adoption agency must obtain so far as is reasonably practicable any other relevant information which may be requested by the adoption panel in connection with the proposed placement and send that information to the panel.

    (6) This paragraph applies where an adoption agency ("agency A") intends to refer a proposed placement to the adoption panel and another agency ("agency B") made the decision (in accordance with these Regulations) that - 

    (7) Where paragraph (6) applies agency A may only refer the proposed placement to the adoption panel if it has consulted agency B about the proposed placement.

    (8) Agency A must - 

and place on the appropriate record, the information and documents received from agency B.

Function of the adoption panel in relation to proposed placement
    
32.  - (1) The adoption panel must consider the proposed placement referred to it by the adoption agency and make a recommendation to the agency as to whether the child should be placed for adoption with that particular prospective adopter.

    (2) In considering what recommendation to make the adoption panel shall have regard to the duties imposed on the adoption agency under section 1(2), (4) and (5) of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and - 

    (3) The adoption panel must consider - 

    (4) Where the adoption panel makes a recommendation to the adoption agency that the child should be placed for adoption with the particular prospective adopter, the panel may at the same time give advice to the agency about any of the matters set out in paragraph (3).

    (5) An adoption panel may only make the recommendation referred to in paragraph (1) if - 

and in either case that recommendation is to be made at the same meeting of the panel at which a recommendation has been made that the prospective adopter is suitable to adopt a child or the adoption agency, or another adoption agency, has made a decision in accordance with regulation 27 that the prospective adopter is suitable to adopt a child.

Adoption agency decision in relation to proposed placement
    
33.  - (1) The adoption agency must take into account the recommendation of the adoption panel in coming to a decision about whether the child should be placed for adoption with the particular prospective adopter.

    (2) No member of the adoption panel shall take part in any decision made by the adoption agency under paragraph (1).

    (3) As soon as possible after making its decision the adoption agency must notify in writing - 

    (4) If the adoption agency decides that the proposed placement should proceed, the agency must, in an appropriate manner and having regard to the child's age and understanding, explain its decision to the child.

    (5) The adoption agency must place on the child's case record - 

Function of the adoption agency in a section 83 case
    
34.  - (1) This paragraph applies where in a section 83 case the adoption agency receives from the relevant foreign authority information about a child to be adopted by a prospective adopter.

    (2) Where paragraph (1) applies, the adoption agency must - 



PART 6

PLACEMENT AND REVIEWS

Requirements imposed on the adoption agency before the child may be placed for adoption
    
35.  - (1) This paragraph applies where the adoption agency - 

    (2) Where paragraph (1) applies, the adoption agency must, as soon as possible, send the prospective adopter a placement plan in respect of the child which covers the matters specified in Schedule 5 ("the adoption placement plan").

    (3) Where the prospective adopter notifies the adoption agency that he wishes to proceed with the placement and the agency is authorised to place the child for adoption or, subject to paragraph (4), the child is less than 6 weeks old, the agency may place the child for adoption with the prospective adopter.

    (4) Unless there is a placement order in respect of the child, the adoption agency may not place for adoption a child who is less than six weeks old unless the parent or guardian of the child has agreed in writing with the agency that the child may be placed for adoption.

    (5) Where the child already has his home with the prospective adopter, the adoption agency must notify the prospective adopter in writing of the date on which the child is placed for adoption with him by that agency.

    (6) The adoption agency must before the child is placed for adoption with the prospective adopter - 

    (7) The adoption agency must notify the prospective adopter in writing of any change to the adoption placement plan.

    (8) The adoption agency must place on the child's case record - 

Reviews
     36.  - (1) Where an adoption agency is authorised to place a child for adoption but the child is not for the time being placed for adoption the agency must carry out a review of the child's case - 

until the child is placed for adoption.

    (2) Paragraphs (3) and (4) apply where a child is placed for adoption.

    (3) The adoption agency must carry out a review of the child's case - 

unless the child is returned to the agency by the prospective adopter or an adoption order is made.

    (4) The adoption agency must - 

    (5) When carrying out a review the adoption agency must consider each of the matters set out in paragraph (6) and must, so far as is reasonably practicable, ascertain the views of - 

in relation to such of the matters set out in paragraph (6) as the agency considers appropriate.

    (6) The matters referred to in paragraph (5) are - 

    (7) Where the child is subject to a placement order and has not been placed for adoption at the time of the first 6 months review, the local authority must at that review - 

    (8) The adoption agency must, so far as is reasonably practicable, notify - 

of the outcome of a review and of any decision taken by the agency in consequence of that review.

    (9) The adoption agency must ensure that - 

are recorded in writing and placed on the child's case record.

    (10) Where the child is returned to the adoption agency in accordance with section 35(1) or (2) of the Act, the agency must conduct a review of the child's case no earlier than 28 days, or later than 42 days, after the date on which the child is returned to the agency and when carrying out that review the agency must consider the matters set out in paragraph (6)(a), (b), (c) and (f).

Independent reviewing officers
    
37.  - (1) An adoption agency which is - 

must appoint a person ("the independent reviewing officer") in respect of the case of each child authorised to be placed for adoption by the agency to carry out the functions mentioned in section 26(2A) of the 1989 Act.

    (2) The independent reviewing officer must be registered as a social worker in a register maintained by the General Social Care Council or by the Care Council for Wales under section 56 of the Care Standards Act 2000 or in a corresponding register maintained under the law of Scotland or Northern Ireland.

    (3) The independent reviewing officer must, in the opinion of the adoption agency, have sufficient relevant social work experience to undertake the functions referred to in paragraph (1) in relation to the case.

    (4) A person who is an employee of the adoption agency may not be appointed as an independent reviewing officer in a case if he is involved in the management of the case or is under the direct management of - 

    (5) The independent reviewing officer must - 

    (6) The independent reviewing officer must, as far as is reasonably practicable, take steps to ensure that the review is conducted in accordance with regulation 36 and in particular to ensure - 

    (7) If the child whose case is reviewed wishes to take proceedings on his own account, for example, to apply to the court for revocation of a placement order, it is the function of the independent reviewing officer - 

    (8) The adoption agency must inform the independent reviewing officer of - 

Withdrawal of consent
    
38.  - (1) This paragraph applies where consent given under section 19 or 20 of the Act in respect of a child is withdrawn in accordance with section 52(8) of the Act.

    (2) Where paragraph (1) applies and the adoption agency is a local authority, on receipt of the form or notice given in accordance with section 52(8) of the Act the authority must immediately review their decision to place the child for adoption and where, in accordance with section 22(1) to (3) of the Act, the authority decide to apply for a placement order in respect of the child, they must notify as soon as possible - 

    (3) Where paragraph (1) applies and the adoption agency is a registered adoption society, the agency must immediately consider whether it is appropriate to inform the local authority in whose area the child is living.



PART 7

CASE RECORDS

Storage of case records
    
39. The adoption agency must ensure that the child's case record and the prospective adopter's case record and the contents of those case records are at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent the theft, unauthorised disclosure, loss or destruction of, or damage to, the case record or its contents.

Preservation of case records
    
40. An adoption agency must keep the child's case record and the prospective adopter's case record for such period as it considers appropriate.

Confidentiality of case records
    
41. Subject to regulation 42, the contents of the child's case record and the prospective adopter's case record shall be treated by the adoption agency as confidential.

Access to case records and disclosure of information
    
42.  - (1) Subject to paragraph (3), an adoption agency shall provide such access to its case records and disclose such information in its possession, as may be required - 

    (2) Subject to paragraph (3), an adoption agency may provide such access to its case records and disclose such information in its possession, as it thinks fit for the purposes of carrying out its functions as an adoption agency.

    (3) A written record shall be kept by an adoption agency of any access provided or disclosure made by virtue of this regulation.

Transfer of case records
     43.  - (1) An adoption agency may transfer a copy of a child's case record or prospective adopter's case record (or part of that record) to another adoption agency when it considers this to be in the interests of the child or prospective adopter to whom the record relates, and a written record shall be kept of any such transfer.

    (2) Subject to paragraph (3), a registered adoption society which intends to cease to act or exist as such shall forthwith either transfer its case records to another adoption agency having first obtained the registration authority's approval for such transfer, or transfer its case records - 

    (3) An adoption agency to which case records are transferred by virtue of paragraph (2)(a) or (b) shall notify the registration authority in writing of such transfer.

Application of regulations 40 to 42
    
44. Nothing in this Part applies to the information which an adoption agency must keep in relation to an adopted person by virtue of regulations made under section 56 of the Act.



PART 8

MISCELLANEOUS

Modification of 1989 Act in relation to adoption
    
45.  - (1) This paragraph applies where - 

    (2) Where paragraph (1) applies - 

    (3) This paragraph applies where a registered adoption society is authorised to place a child for adoption or a child who has been placed for adoption by a registered adoption society is less than 6 weeks old.

    (4) Where paragraph (3) applies - 

Contact
    
46.  - (1) This paragraph applies where an adoption agency decides that a child should be placed for adoption.

    (2) Where paragraph (1) applies and subject to paragraph (3), the adoption agency must consider what arrangements it should make for allowing any person contact with the child once the agency is authorised to place the child for adoption ("the contact arrangements").

    (3) The adoption agency must - 

in coming to a decision in relation to the contact arrangements.

    (4) The adoption agency must notify - 

of the contact arrangements.

    (5) Where an adoption agency decides that a child should be placed for adoption with a particular prospective adopter, the agency must review the contact arrangements in light of the views of the prospective adopter and any advice given by the adoption panel in accordance with regulation 32(3).

    (6) If the adoption agency proposes to make any change to the contact arrangements which affects any person mentioned in paragraph (4), it must seek the views of that person and take those views into account in deciding what arrangements it should make for allowing any person contact with the child while he is placed for adoption with the prospective adopter.

    (7) The adoption agency must - 

Contact: supplementary
     47.  - (1) Where an adoption agency has decided under section 27(2) of the Act to refuse to allow the contact that would otherwise be required by virtue of an order under section 26 of the Act, the agency must, as soon as the decision is made, inform the persons specified in paragraph (3) and notify them of the decision, the date of the decision, the reasons for the decision and the duration of the period.

    (2) The terms of an order under section 26 of the Act may be departed from by agreement between the adoption agency and any person for whose contact with the child the order provides subject to the following conditions - 

    (3) The following persons are specified for the purposes of paragraphs (1) and (2) - 


Filkin
Parliamentary Under Secretary of State Department for Education and Skills

23rd February 2005



SCHEDULE 1

INFORMATION




PART 1

Regulation 15(1)

INFORMATION ABOUT THE CHILD

     1. Name, sex, date and place of birth and address including the local authority area.

     2. A photograph and physical description.

     3. Nationality.

     4. Racial origin and cultural and linguistic background.

     5. Religious persuasion (including details of baptism, confirmation or equivalent ceremonies).

     6. Whether the child is looked after or is provided with accommodation under section 59(1) of the 1989 Act.

     7. Details of any order made by a court with respect to the child under the 1989 Act including the name of the court, the order made and the date on which the order was made.

     8. Whether the child has any rights to, or interest in, property or any claim to damages under the Fatal Accidents Act 1976[
23] or otherwise which he stands to retain or lose if he is adopted.

     9. A chronology of the child's care since birth.

     10. A description of the child's personality, his social development and his emotional and behavioural development.

     11. Whether the child has any difficulties with activities such as feeding, washing and dressing himself.

     12. The educational history of the child including - 

     13. Information about - 

     14. The current arrangements for and the type of contact between the child's parent or guardian or other person with parental responsibility for him, his father, and any relative, friend or other person.

     15. A description of the child's interests, likes and dislikes.

     16. Any other relevant information which might assist the adoption panel and the adoption agency.

     17. In this Part "parent" includes the child's father whether or not he has parental responsibility for the child.



PART 2

Regulation 15(2)

MATTERS TO BE INCLUDED IN THE CHILD'S HEALTH REPORT

     1. Name, date of birth, sex, weight and height.

     2. A neo-natal report on the child, including - 

     3. A full health history of the child, including - 



PART 3

Regulation 16(1)

INFORMATION ABOUT THE CHILD'S FAMILY AND OTHERS

Information about each parent of the child
     1. Name, sex, date and place of birth and address including the local authority area.

     2. A photograph, if available, and physical description.

     3. Nationality.

     4. Racial origin and cultural and linguistic background.

     5. Religious persuasion.

     6. A description of their personality and interests.

Information about the child's brothers and sisters
     7. Name, sex, and date and place of birth.

     8. A photograph, if available, and physical description.

     9. Nationality.

     10. Address, if appropriate.

     11. If the brother or sister is under the age of 18 - 

Information about the child's other relatives and any other person the agency considers relevant
     12. Name, sex and date and place of birth.

     13. Nationality.

     14. Address, if appropriate.

Family history and relationships
     15. Whether the child's parents were married to each other at the time of the child's birth (or have subsequently married) and if so, the date and place of marriage and whether they are divorced or separated.

     16. Where the child's parents are not married, whether the father has parental responsibility for the child and if so how it was acquired.

     17. If the identity or whereabouts of the child's father are not known, the information about him that has been ascertained and from whom, and the steps that have been taken to establish paternity.

     18. Where the child's parents have been previously married or formed a civil partnership, the date of the marriage or, as the case may be, the date and place of registration of the civil partnership.

     19. So far as is possible, a family tree with details of the child's grandparents, parents and aunts and uncles with their age (or ages at death).

     20. Where it is reasonably practicable, a chronology of each of the child's parents from birth.

     21. The observations of the child's parents about their own experiences of being parented and how this has influenced them.

     22. The past and present relationship of the child's parents.

     23. Details of the wider family and their role and importance to - 

Other information about each parent of the child
     24. Information about their home and the neighbourhood in which they live.

     25. Details of their educational history.

     26. Details of their employment history.

     27. Information about the parenting capacity of the child's parents, particularly their ability and willingness to parent the child.

     28. Any other relevant information which might assist the adoption panel and the adoption agency.

     29. In this Part "parent" includes the father of the child whether or not he has parental responsibility for the child.



PART 4

Regulation 16(2)

INFORMATION RELATING TO THE HEALTH OF THE CHILD'S NATURAL PARENTS AND BROTHERS AND SISTERS

     1. Name, date of birth, sex, weight and height of each natural parent.

     2. A health history of each of the child's natural parents, including details of any serious physical or mental illness, any hereditary disease or disorder, drug or alcohol misuse, disability, accident or hospital admission and in each case any treatment given where the agency consider such information to be relevant.

     3. A health history of the child's brothers and sisters (of the full blood or half-blood), and the other children of each parent with details of any serious physical or mental illness and any hereditary disease or disorder.

     4. A summary of the mother's obstetric history, including any problems in the ante-natal, labour and post-natal periods, with the results of any tests carried out during or immediately after the pregnancy.

     5. Details of any present illness, including treatment and prognosis.

     6. Any other relevant information which the adoption agency considers may assist the adoption panel and the agency.



SCHEDULE 2
Regulation 20


INFORMATION AND DOCUMENTS TO BE PROVIDED TO THE CAFCASS OR THE NATIONAL ASSEMBLY FOR WALES


     1. A certified copy of the child's birth certificate.

     2. Name and address of the child's parent or guardian.

     3. A chronology of the actions and decisions taken by the adoption agency with respect to the child.

     4. Confirmation by the adoption agency that it has counselled, and explained to the parent or guardian the legal implications of both consent to placement under section 19 of the Act and, as the case may be, to the making of a future adoption order under section 20 of the Act and provided the parent or guardian with written information about this together with a copy of the written information provided to him.

     5. Such information about the parent or guardian or other information as the adoption agency considers the officer of the Service or the Welsh family proceedings officer may need to know.



SCHEDULE 3


PART 1

Regulation 23(3)

OFFENCES SPECIFIED FOR THE PURPOSES OF REGULATION 23(3)(b)

Offences in England and Wales
     1. Any of the following offences against an adult - 

Offences in Scotland
     2. An offence of rape.

     3. An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995[26] except, in a case where the offender was under the age of 20 at the time the offence was committed, an offence contrary to section 5 of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with a girl under 16)[27], an offence of shameless indecency between men or an offence of sodomy.

     4. An offence of plagium (theft of a child below the age of puberty).

     5. Section 52 or 52A of the Civil Government (Scotland) Act 1982 (indecent photographs of children)[28].

     6. An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust)[29].

Offences in Northern Ireland
     7. An offence of rape.

     8. An offence specified in Schedule 1 to the Children and Young Person Act (Northern Ireland) 1968[30], except offences of common assault or battery or in the case where the offender was under the age of 20 at the time the offence was committed, an offence contrary to section 5 or 11 of the Criminal Law Amendment Act 1885 (unlawful carnal knowledge of a girl under 17 and gross indecency between males)[31].

     9. An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs)[32].

     10. An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting girl under 16 to have incestuous sexual intercourse)[33].

     11. An offence contrary to Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children)[34].



PART 2

Regulation 23(4)

REPEALED STATUTORY OFFENCES

     1.  - (1) An offence under any of the following sections of the Sexual Offences Act 1956[
35] - 

    (2) An offence under section 1 of the Indecency with Children Act 1960[36] (indecent conduct towards young child).

    (3) An offence under section 54 of the Criminal Law Act 1977[37] (inciting girl under sixteen to incest).

    (4) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

     2. A person falls within this paragraph if he has been convicted of any of the following offences against a child committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence which, at the time the caution was given, he admitted - 

     3. A person falls within this paragraph if he has been convicted of any of the following offences committed at the age of 18 or over or has been cautioned by a constable in respect of any such offence which, at the time the caution was given, he admitted - 

     4. Paragraphs 1(c) and 3(e) and (f) do not include offences in a case where the offender was under the age of 20 at the time the offence was committed.



SCHEDULE 4


PART 1

Regulation 25(2)

INFORMATION ABOUT THE PROSPECTIVE ADOPTER

Information about the prospective adopter
     1. Name, sex, date and place of birth and address including the local authority area.

     2. A photograph and physical description.

     3. Whether the prospective adopter is domiciled or habitually resident in a part of the British Islands and if habitually resident for how long he has been habitually resident.

     4. Racial origin and cultural and linguistic background.

     5. Religious persuasion.

     6. Relationship (if any) to the child.

     7. A description of his personality and interests.

     8. If the prospective adopter is married or has formed a civil partnership and is applying alone for an assessment of his suitability to adopt, the reasons for this.

     9. Details of any previous family court proceedings in which the prospective adopter has been involved.

     10. Names and addresses of three referees who will give personal references on the prospective adopter, not more than one of whom may be a relative.

     11. Name and address of the prospective adopter's registered medical practitioner.

     12. If the prospective adopter is - 

     13. Details of any previous marriage, civil partnership or relationship.

     14. A family tree with details of the prospective adopter, his siblings and any children of the prospective adopter, with their ages (or ages at death).

     15. A chronology of the prospective adopter from birth.

     16. The observations of the prospective adopter about his own experience of being parented and how this has influenced him.

     17. Details of any experience the prospective adopter has had of caring for children (including as a parent, step-parent, foster parent, child minder or prospective adopter) and an assessment of his ability in this respect.

     18. Any other information which indicates how the prospective adopter and anybody else living in his household is likely to relate to a child placed for adoption with the prospective adopter.

Wider family
     19. A description of the wider family of the prospective adopter and their role and importance to the prospective adopter and their likely role and importance to a child placed for adoption with the prospective adopter.

Information about the home etc. of the prospective adopter
     20. Information about the prospective adopter's home and the neighbourhood in which he lives.

     21. Details of other members of the prospective adopter's household (including any children of the prospective adopter whether or not resident in the household).

     22. Information about the local community of the prospective adopter, including the degree of the family's integration with its peer groups, friendships and social networks.

Education and employment
     23. Details of the prospective adopter's educational history and attainments and his views about how this has influenced him.

     24. Details of his employment history and the observations of the prospective adopter about how this has influenced him.

     25. The current employment of the prospective adopter and his views about achieving a balance between employment and child care.

Income
     26. Details of the prospective adopter's income and expenditure.

Other information
     27. Information about the prospective adopter's capacity to -

     28. The prospective adopter's -

     29. The views of other members of the prospective adopter's household and wider family in relation to adoption.

     30. Any other relevant information which might assist the adoption panel or the adoption agency.



PART 2

Regulation 25(3)(a)

REPORT ON THE HEALTH OF THE PROSPECTIVE ADOPTER

     1. Name, date of birth, sex, weight and height.

     2. A family health history of the parents, any brothers and sisters and the children of the prospective adopter, with details of any serious physical or mental illness and hereditary disease or disorder.

     3. Infertility or reasons for deciding not to have children (if applicable).

     4. Past health history, including details of any serious physical or mental illness, disability, accident, hospital admission or attendance at an out-patient department, and in each case any treatment given.

     5. Obstetric history (if applicable).

     6. Details of any present illness, including treatment and prognosis.

     7. Details of any consumption of alcohol that may give cause for concern or whether the prospective adopter smokes or uses habit-forming drugs.

     8. Any other relevant information which the adoption agency considers may assist the adoption panel and the adoption agency.



SCHEDULE 5
Regulation 35(2)


ADOPTION PLACEMENT PLAN


     1. Whether placed under a placement order or with the consent of the parent or guardian.

     2. The arrangements for preparing the child and the prospective adopter for the placement.

     3. Date on which it is proposed to place the child for adoption with the prospective adopter.

     4. The arrangements for review of the placement.

     5. Whether parental responsibility of the prospective adopter for the child is to be restricted, and if so, the extent to which it is to be restricted.

     6. Where the local authority has decided to provide adoption support services for the adoptive family, how these will be provided and by whom.

     7. The arrangements which the adoption agency has made for allowing any person contact with the child, the form of contact, the arrangements for supporting contact and the name and contact details of the person responsible for facilitating the contact arrangements (if applicable).

     8. The dates on which the child's life story book and later life letter are to be passed by the adoption agency to the prospective adopter.

     9. Details of any other arrangements that need to be made.

     10. Contact details of the child's social worker, the prospective adopter's social worker and out of hours contacts.



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make provision relating to the exercise by adoption agencies (local authorities and registered adoption societies) of their functions in relation to adoption under the Adoption and Children Act 2002 ("the Act").

Part 2 makes provision for the arrangements for adoption work which adoption agencies ("agencies") must put in place. Regulation 3 requires agencies to set up adoption panels and regulations 4 and 5 make provision in relation to the tenure of panel members and the proceedings of adoption panels. Agencies are required to appoint an adoption adviser to the adoption panel and medical adviser (regulations 8 and 9) and regulation 10 provides for the establishment of new panels on 30th December 2005 (the date on which these Regulations come into force).

Part 3 applies where an agency is considering adoption for a child. Regulation 12 requires the agency to open a case record in respect of the child. Regulations 13 and 14 require the agency to provide counselling and information for, and ascertain the wishes and feelings of, the child, his parent or guardian and others. Regulation 14(3) and (4) make provision for the father of a child who does not have parental responsibility for the child and whose identity is known. If the agency considers it is appropriate it must counsel etc. the father. Regulations 15 and 16 impose duties on an agency to obtain information about the child and his family and others which is specified in Schedule 1. Regulation 17 requires the agency to prepare a written report about the child ("the child's permanence report"). The child's permanence report and certain other information must be sent to the adoption panel. Regulation 18 provides that the adoption panel have to make a recommendation to the agency as to whether the child should be placed for adoption. The agency must take into account that recommendation in coming to a decision about whether the child should be placed for adoption (regulation 19). Regulation 20 provides that the agency must request CAFCASS to appoint an officer of the Service or the National Assembly for Wales to appoint a Welsh family proceedings officer to witness consent to placement under section 19 of the Act and, as the case may be, to the making of a future adoption order under section 20 of the Act. The information to be provided to CAFCASS is specified in Schedule 2.

Part 4 makes provision for the assessment of prospective adopters. Regulation 21 requires the agency to provide counselling and information for a prospective adopter. The agency must consider an application by a prospective adopter for an assessment of his suitability to adopt a child (regulation 22). Regulation 23 requires the agency to carry out police checks and provides that an agency may not consider a person suitable to adopt a child if he or any member of his household aged 18 or over has been convicted of, or cautioned for, certain specified offences. The agency must arrange for the prospective adopter to receive preparation for adoption (regulation 24). The agency must obtain certain information and reports in respect of the prospective adopter and prepare a written report (regulation 25 and Schedule 4). The prospective adopter's case must be submitted to the adoption panel who must make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child (regulation 26). The agency must then make a decision about whether the prospective adopter is suitable to adopt a child (regulation 27). Regulation 29 makes provision for the review and termination of a prospective adopter's approval.

Part 5 makes provision in relation to the duties of the agency in respect of the placement of a child with a prospective adopter. The agency must provide the prospective adopter with the child's permanence report and meet with him to discuss the proposed placement (regulation 31). The proposed placement must be referred to the adoption panel who must consider the proposed placement and make a recommendation to the agency as to whether the child should be placed for adoption with the particular prospective adopter and the agency must take into account that recommendation when coming to its decision (regulations 32 and 33).

Part 6 makes provision in relation to placements and reviews. Regulation 36 provides that the agency must provide the prospective adopter with a placement plan (which must cover the matters specified in Schedule 5) and before the child is placed for adoption send certain information to the persons specified in regulation 35(6). Regulation 36 imposes a duty on the agency to carry out reviews. Regulation 37 requires an agency to appoint an independent reviewing officer. Regulation 38 makes provision in relation to what is to happen when a parent withdraws consent given under section 19 or 20 of the Act.

Part 7 makes general provision in relation to case records.

Part 8 makes miscellaneous provision including modifications to provisions in the Children Act 1989.

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department for Education and Skills' website http://www.dfes.gov.uk.ria/.


Notes:

[1] 1989 c.41. Section 26 was amended by section 118 of the Adoption and Children Act 2002 ("the Act").back

[2] 2002 c.38.back

[3] See section 11(1) of the Criminal Justice and Court Services Act 2000 (c.43).back

[4] See section 42 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43).back

[5] See section 2(1) of the Act for the definition of adoption agency.back

[6] 2000 c.14.back

[7] 1971 c.80.back

[8] See section 2(2) of the Act.back

[9] For the definitions of "civil partner" and "civil partnership" see Schedule 1 to the Interpretation Act 1978 inserted by the Civil Partnership Act 2004 (c.33), Schedule 27, paragraph 59.back

[10] S.I. 1983/1964. Regulation 5A(1A) was inserted in relation to England by the Adoption Agencies (Amendment) Regulations 2003 (S.I. 2003/2555).back

[11] See section 21 of the Act.back

[12] Section 4 was amended by section 111 of the Act.back

[13] See section 11(3) of the Criminal Justice and Courts Services Act 2000 (c.43).back

[14] See section 35(4) of the Children Act 2004 (c.31).back

[15] 1997 c.50. Section 115 was amended by section 328 of the Criminal Justice Act 2003 (c.44) section 19 of the Health and Social Care Act 2001 (c.15) sections 90, 102, 104 and 116 of, and Schedule 4 to the Care Standards Act 2000 (c.14) sections 152 and 215 of, and Schedules 13, 21 and 22 to, the Education Act 2002 (c.32) section 8 of the Protection of Children Act 1999 (c.14) section 135 of the Act, Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002 (c.17) and section 198 of and Schedule 6 to the Licensing Act 2003.back

[16] 1979 c.2.back

[17] 1876 c.36.back

[18] 2000 c.43. Schedule 4 to the 2000 Act was amended by the Sexual Offences Act 2003 (c.42) and by the Asylum and Immigration (Treatment of Claimants) Act 2004 (c.19).back

[19] See sections 2 and 6 of the National Health Service Reform and Health Care Professions Act 2002 (c.17).back

[20] See section 8 of the Education Act 1996 (c.56).back

[21] 1974 c.7.back

[22] For the definition of "a provision for contact under the 1989 Act" see section 26(6) of the Act.back

[23] 1976 c.30.back

[24] See section 324 of the 1996 Act.back

[25] 2003 c.42.back

[26] 1995 c.46.back

[27] 1995 c.39.back

[28] 1982 c.45. Section 52A was inserted by section 161 of the Criminal Justice Act 1988 (c.33).back

[29] 2000 c.44.back

[30] 1968 c.34 (N.I.)back

[31] 1985 c.69.back

[32] S.I. 1978/1047 (N.I.17).back

[33] S.I. 1980/704 (N.I.6).back

[34] S.I. 1988/1847 (N.I.17).back

[35] 1956 c. 69.back

[36] 1960 c.33.back

[37] 1977 c.45.back

[38] 1959 c.72.back

[39] 1967 c.60.back

[40] 1968 c.60.back



ISBN 0 11 072311 2


 © Crown copyright 2005

Prepared 7 March 2005


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