[F136A Voluntary adoption agencies: distribution of functionsE+W
(1)This section applies to functions relating to voluntary adoption agencies conferred on the registration authority by or under this Part or under Chapter 2 of Part 1 of the Adoption and Children Act 2002.
(2)Subject to the following provisions, functions to which this section applies are exercisable—
(a)where the principal office of an agency is in England, by [F2the CIECSS],
(b)where the principal office of an agency is in Wales, by the Assembly.
(3)So far as those functions relate to the imposition, variation or removal of conditions of registration, they may only be exercised after consultation with the Assembly or (as the case may be) [F2the CIECSS].
(4)But—
(a)where such a function as is mentioned in subsection (3) is exercisable by the [F2the CIECSS] in relation to an agency which has a branch in Wales, it is exercisable only with the agreement of the Assembly,
(b)where such a function as is mentioned in subsection (3) is exercisable by the Assembly in relation to an agency which has a branch in England, it is exercisable only with the agreement of [F2the CIECSS].
(5)The functions conferred on the registration authority by sections 31 and 32 of this Act in respect of any premises of a voluntary adoption agency are exercisable—
(a)where the premises are in England, by [F2the CIECSS]
(b)where the premises are in Wales, by the Assembly.
(6)In spite of subsections (2) to (5), regulations may provide for any function to which this section applies to be exercisable by [F2the CIECSS] instead of the Assembly, or by the Assembly instead of [F2the CIECSS], or by one concurrently with the other, or by both jointly or by either with the agreement of or after consultation with the other.
(7)In this section, “regulations” means regulations relating to England and Wales.]
Textual Amendments
F1S. 36A inserted (1.2.2003 for W., 25.2.2003 for E. for certain purposes, 30.4.2003 for E. for certain further purposes and 30.12.2005 for E. otherwise) by Adoption and Children Act 2002 (c. 38), ss. 16, 148 (with Sch. 4 paras. 1, 6-8); S.I. 2003/181, art. 2; S.I. 2003/366, art. 2(1)(4); S.I. 2005/2213, art. 3
F2Words in s. 36A substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 49; S.I. 2007/935, art. 5
Modifications etc. (not altering text)
C1S. 36A amended (temp.) (25.2.2003) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 4 para. 4(2) (with Sch. 4 paras. 6-8); S.I 2003/366, {art. 2}