Part 1Adoption

Chapter 2The Adoption Service

Regulations

12 Independent review of determinations

I1I2I31

Regulations under section 9 may establish a procedure under which any person in respect of whom a qualifying determination has been made by an adoption agency may apply to F2... the appropriate Minister for a review of that determination F3by a panel constituted by that Minister.

I1I2I32

The regulations must make provision as to the description of determinations which are qualifying determinations for the purposes of subsection (1).

I1I2I33

The regulations may include provision as to—

a

the duties and powers of a panel F4...,

b

the administration and procedures of a panel,

c

the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment),

d

the payment of F1fees to members of a panel,

e

the duties of adoption agencies in connection with reviews conducted under the regulations,

f

the monitoring of any such reviews.

F53A

Regulations made by virtue of subsection (3)(e) may impose a duty to pay to the appropriate Minister such sum as that Minister may determine.

3B

The appropriate Minister must secure that, taking one financial year with another, the aggregate of the sums which become payable to him under regulations made by virtue of subsection (3A) does not exceed the cost to him of performing his independent review functions.

I4I54

The appropriate Minister may make an arrangement with an organisation under which F6independent review functions are performed by the organisation on his behalf.

I4I55

If the appropriate Minister makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by the appropriate Minister.

I4I56

The arrangement may include provision for payments to be made to the organisation by the appropriate Minister.

F76A

Payments made by the appropriate Minister in accordance with such provision shall be taken into account in determining (for the purpose of subsection (3B)) the cost to that Minister of performing his independent review functions.

I4I57

Where the appropriate Minister is the Assembly, subsections (4) and (6) also apply as if references to an organisation included references to the Secretary of State.

I4I58

In this section F8—

  • “financial year” means a period of twelve months ending with 31st March,

  • “independent review function” means a function conferred or imposed on an appropriate Minister by regulations made by virtue of this section,

  • “organisation” includes a public body and a private or voluntary organisation.