Adoption and Children Act 2002

63 Counselling U.K.

(1) Regulations may require adoption agencies to give information about the availability of counselling to persons—

(a) seeking information from them in pursuance of this group of sections,

(b) considering objecting or consenting to the disclosure of information by the agency in pursuance of this group of sections, or

(c) considering entering with the agency into an agreement prescribed for the purposes of section 57(5).

(2) Regulations may require adoption agencies to make arrangements to secure the provision of counselling for persons seeking information from them in prescribed circumstances in pursuance of this group of sections.

(3) The regulations may authorise adoption agencies—

(a) to disclose information which is required for the purposes of such counselling to the persons providing the counselling,

(b) where the person providing the counselling is outside the United Kingdom, to require a prescribed fee to be paid.

(4) The regulations may require any of the following persons to provide counselling for the purposes of arrangements under subsection (2)—

(a) a local authority, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) or 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)),

(b) 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)),

(c) [F1 in relation to England,] an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act 2000 (c. 14).

[F2 (d) in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).]

(5) For the purposes of subsection (4), where the functions of a Health and Social Services Board are exercisable by a Health and Social Services Trust, the reference in sub-paragraph (a) to a Board is to be read as a reference to the Health and Social Services Trust.

Textual Amendments

F1 Words in s. 63(4)(c) inserted (E.W.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 19(a)

F2 S. 63(4)(d) inserted (E.W.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 19(b)

Commencement Information

I1 S. 63 in force at 7.2.2004 for W. by S.I. 2004/252, art. 2(b)

I2 S. 63 in force at 7.12.2004 in so far as not already in force by S.I. 2004/3203, art. 2(1)(j)