The Care Standards and Adoption (Regulation of Establishments, Agencies and Adult Placement Schemes) (Amendment) Regulations 2009

PART 2 Establishments and agencies - children

Amendment to the Adoption Agencies Regulations 2005

2.—(1) The Adoption Agencies Regulations 2005(1) are amended as follows.

(2) For paragraph (1) of regulation 23 (requirement to carry out police checks) substitute—

“(1) In respect of the prospective adopter and any other member of the prospective adopter’s household who is aged 18 or over, an adoption agency must obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997(2) which includes suitability information relating to children (within the meaning of section 113BA(2)(3) of that Act).”.

Amendment to the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005

3.—(1) The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005(4) are amended as follows.

(2) For paragraph 2 of Schedule 2 (information required in respect of persons seeking to carry on, manage or to work for the purposes of an agency) substitute—

“2.   Either—

(a) where the certificate is required for a purpose related to registration under Part 2 of the 2000 Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002(5), an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act); or

(b) in any other case, a criminal record certificate issued under section 113A(6) of the Police Act 1997.”.

Amendment to the Children’s Homes Regulations 2001

4.—(1) The Children’s Homes Regulations 2001(7) are amended as follows.

(2) For paragraph 2 of Schedule 2 (information required in respect of persons seeking to carry on, manage or work at a children’s home) substitute—

“2.   Either—

(a) where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act) and, where applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act); or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.”.

Amendments to the Fostering Services Regulations 2002

5.—(1) The Fostering Services Regulations 2002(8) are amended as follows.

(2) For paragraph 2 of Schedule 1 (information required in respect of person seeking to carry on, manage or work for the purposes of a fostering service) substitute—

“2.   Either—

(a) where the certificate is required for a purpose related to registration under Part 2 of the 2000 Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act); or

(b) in any other case, a standard criminal record certificate issued under section 113A of the Police Act 1997.”.

(3) For paragraph 13 of Schedule 3 (information about a prospective foster parent and other members of the household) substitute—

“13.   In relation to the prospective foster parent and any other member of his household who is aged 18 or over, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act).”.

Amendment to the Local Authority Adoption Service (England) Regulations 2003

6.—(1) The Local Authority Adoption Service (England) Regulations 2003(9) are amended as follows.

(2) For paragraph 2 of Schedule 3 (information required in respect of persons seeking to manage or work for the purposes of the adoption service) substitute—

“2.   Either—

(a) where the certificate is required for a position that falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act); or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.”.

Amendment to the Residential Family Centres Regulations 2002

7.—(1) The Residential Family Centres Regulations 2002(10) are amended as follows.

(2) For paragraph 2 of Schedule 2 (information required in respect of persons seeking to carry on, manage or work at a residential family centre) substitute—

“2.   Either—

(a) where the certificate is required for a purpose related to registration under Part 2 of the 2000 Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act) and, where applicable suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act); or

(b) in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.”.

(1)

S.I. 2005/389.

(2)

1997 c. 50. Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15). Sub-section (2) of section 113B is amended by the Safeguarding Vulnerable Groups Act 2006.

(3)

Section 113BA was inserted by section 63(1) of, and paragraph 14 of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47).

(4)

2005/2720.

(5)

S.I. 2002/233. Regulation 5A was inserted by S.I. 2006/748. Further amendments are being drafted to regulation 5A and these will be in force from 12th October 2009.

(6)

Section 113A was inserted by the Serious Organised Crime and Police Act 2005 (c. 15)

(7)

S.I. 2001/3967.

(8)

S.I. 2002/57 as amended by S.I. 2002/865.

(9)

S.I. 2003/370.

(10)

S.I. 2002/3213.