Adoption and Children Act 2002

Section 79(6)

SCHEDULE 2 E+W Disclosure of birth records by Registrar General

1 E+W On an application made in the prescribed manner by an adopted person—

(a) a record of whose birth is kept by the Registrar General, and

(b) who has attained the age of 18 years,

the Registrar General must give the applicant any information necessary to enable the applicant to obtain a certified copy of the record of his birth.

“Prescribed” means prescribed by regulations made by the Registrar General with the approval of the Chancellor of the Exchequer.

Commencement Information

I1 Sch. 2 para. 1 in force at 7.12.2004 for specified purposes by S.I. 2004/3203, art. 2(1)(m)(vi)

I2 Sch. 2 para. 1 in force at 30.12.2005 in so far as not already in force by S.I. 2005/2213, art. 2(e) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

2 (1) Before giving any information to an applicant under paragraph 1, the Registrar General must inform the applicant that counselling services are available to the applicant— E+W

(a) from a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),

(b) if the applicant is in England and Wales, at the General Register Office or from any local authority or registered adoption support agency,

(c) if the applicant is in Scotland, from any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

(d) if the applicant is in Northern Ireland, from any Board.

(2) In sub-paragraph (1)(b), “registered adoption support agency” means an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14).

(3) In sub-paragraph (1)(d), “Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)); but where the functions of a Board are exercisable by a Health and Social Services Trust, references in that sub-paragraph to a Board are to be read as references to the Health and Social Services Trust.

(4) If the applicant chooses to receive counselling from a person or body within sub-paragraph (1), the Registrar General must send to the person or body the information to which the applicant is entitled under paragraph 1.

Commencement Information

I3 Sch. 2 para. 2 in force at 30.12.2005 by S.I. 2005/2213, art. 2(e) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

3 (1) Where an adopted person who is in England and Wales— E+W

(a) applies for information under paragraph 1 or Article 54 of the Adoption (Northern Ireland) Order 1987, or

(b) is supplied with information under section 45 of the Adoption (Scotland) Act 1978 (c. 28),

the persons and bodies mentioned in sub-paragraph (2) must, if asked by the applicant to do so, provide counselling for the applicant.

(2) Those persons and bodies are—

(a) the Registrar General,

(b) any local authority,

(c) a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987.

Commencement Information

I4 Sch. 2 para. 3 in force at 30.12.2005 by S.I. 2005/2213, art. 2(e) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)

4 (1) Where a person— E+W

(a) was adopted before 12th November 1975, and

(b) applies for information under paragraph 1,

the Registrar General must not give the information to the applicant unless the applicant has attended an interview with a counsellor arranged by a person or body from whom counselling services are available as mentioned in paragraph 2.

(2) Where the Registrar General is prevented by sub-paragraph (1) from giving information to a person who is not living in the United Kingdom, the Registrar General may give the information to any body which—

(a) the Registrar General is satisfied is suitable to provide counselling to that person, and

(b) has notified the Registrar General that it is prepared to provide such counselling.

Commencement Information

I5 Sch. 2 para. 4 in force at 30.12.2005 by S.I. 2005/2213, art. 2(e) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)