The Adoption Support Services Regulations 2005

PART 6 E+W MISCELLANEOUS

Urgent cases E+W

21.  Where any requirement applicable to the local authority under these Regulations in relation to carrying out an assessment, preparing a plan or giving notice would delay the provision of a service in a case of urgency, that requirement does not apply.

Commencement Information

I1 Reg. 21 in force at 30.12.2005, see reg. 1(1)

Notices E+W

22.—(1) Any notice required to be given under these Regulations must be given in writing.

(2) If the person to whom notice is to be given is a child and—

(a) it appears to the local authority that the child is not of sufficient age and understanding for it to be appropriate to give him such notice; or

(b) in all the circumstances it is not appropriate to give him such notice,

the notice must be given to his adoptive parent or to the adult that the local authority consider most appropriate.

Commencement Information

I2 Reg. 22 in force at 30.12.2005, see reg. 1(1)

Recovery of expenses between local authorities E+W

23.—(1) Subject to paragraph (2), where a local authority (“the recovering authority”) provide adoption support services to any person following a request under section 4(10) of the Act from another local authority (“the paying authority”), the recovering authority may recover the expenses of providing those services from the paying authority.

(2) Paragraph (1) shall not apply where—

(a) the recovering authority are, by virtue of regulation 7, a local authority to which section 4 of the Act applies in respect of the person referred to in paragraph (1); or

(b) the service provided by the recovering authority is advice or information under section 2(6)(a) of the Act.

Commencement Information

I3 Reg. 23 in force at 30.12.2005, see reg. 1(1)

Revocations and transitional provision E+W

24.—(1) Subject to paragraph (3), the Adoption Allowance Regulations 1991(1) and the Adoption Support Services (Local Authorities) (England) Regulations 2003(2) (“the 2003 Regulations”) shall be revoked.

(2) This paragraph applies where immediately before the date on which these Regulations come into force—

(a) an assessment had been requested, was being prepared or was in place;

(b) a plan was being prepared or was in place;

(c) a review was being arranged or was underway; or

(d) an adoption support service was being provided,

under the 2003 Regulations.

(3) Where paragraph (2) applies, the assessment, plan, review or adoption support service referred to in that paragraph shall, from the date these Regulations come into force, be treated as an assessment, plan, review or adoption support service under these Regulations.

[F1 (4) This paragraph applies where a person carrying on an adoption support agency has applied to the registration authority to be registered in respect of it under Part 2 of the Care Standards Act 2000 before 30^th December 2005 and the application has not yet been determined.

(5) Where paragraph (4) applies, the adoption support agency shall be treated as if it were a registered adoption support agency for the purposes of regulation 5 until it is notified whether its application has been finally determined.]

Textual Amendments

F1 Reg. 24(4)(5) inserted (30.12.2005) by The Adoption and Children (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/3482), regs. 1, 7

Commencement Information

I4 Reg. 24 in force at 30.12.2005, see reg. 1(1)

(1)

S.I. 1991/2030.

(2)

S.I. 2003/1348.