The Adoption Support Services (Local Authorities) (England) Regulations 2003

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Adoption Support Services (Local Authorities) (England) Regulations 2003 and shall come into force on 31st October 2003.

(2) These Regulations apply to England only.

(3) In these Regulations—

“the 2002 Act” means the Adoption and Children Act 2002;

“the 1983 Regulations” means the Adoption Agencies Regulations 1983(1);

“adoption agency” has the same meaning as in the Adoption Act 1976(2);

“adoption support services” shall be construed in accordance with regulation 2(1);

“adoptive child” means, subject to paragraph (5), a child who is an agency adoptive child or a non-agency adoptive child;

“adoptive family” means an adoptive child, the adoptive parent of the adoptive child, and any child of the adoptive parent, and references to the adoptive family of a person, or to an adoptive family in relation to a person, shall be construed as the adoptive family of which that person is a member;

“adoptive parent” means a person—

(a)

who an adoption agency has decided in accordance with regulation 11(1) of the 1983 Regulations would be a suitable adoptive parent for a particular child;

(b)

with whom an adoption agency has placed a child for adoption;

(c)

who has given notice under section 22(1) of the Adoption Act 1976 of his intention to apply for an adoption order for a child; or

(d)

who has adopted a child,

but does not include a person where the child is no longer a child, or where the person is the step-parent or natural parent of the child, or was the step-parent of the child before he adopted the child;

“agency adoptive child” means a child—

(a)

in respect of whom an adoption agency has decided in accordance with regulation 11(1) of the 1983 Regulations that a person would be a suitable adoptive parent for the child;

(b)

whom an adoption agency has placed for adoption; or

(c)

who has been adopted after having been placed for adoption by an adoption agency;

“child” means, subject to paragraph (5), a person who has not attained the age of 18 years;

“child of an adoptive parent”, in any case where the provision of adoption support services, or any assessment in respect of adoption support services, is in relation to the adoption or prospective adoption of an adoptive child by an adoptive parent, means a child, other than that adoptive child, of the adoptive parent;

“child tax credit” has the same meaning as in the Tax Credits Act 2002(3);

“foster parent” has the same meaning as in the Fostering Services Regulations 2002(4);

“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992(5);

“jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995(6);

“local education authority” has the same meaning as in the Education Act 1996(7);

“non-agency adoptive child” means a child—

(a)

in respect of whom a person—

(i)

has given notice under section 22(1) of the Adoption Act 1976 of his intention to apply for an adoption order; and

(ii)

is not the natural parent or step-parent of the child; or

(b)

who has been adopted by a person who—

(i)

is not the natural parent of the child; and

(ii)

was not the step-parent of the child before he adopted the child,

but does not include an agency adoptive child;

“notify” means notify in writing;

“person entitled to be assessed” means—

(a)

an adoptive parent;

(b)

an adoptive child;

(c)

a child of an adoptive parent; or

(d)

a related person;

“plan” shall be construed in accordance with regulation 11;

“related person” means a person, other than an adoptive child, referred to in regulation 2(1)(c)(i) or (ii).

(4) In these Regulations—

(a) any reference to a child who is looked after by a local authority has the same meaning as it has in the Children Act 1989(8);

(b) any reference to a person’s adoptive child is to a child who is an adoptive child in relation to that person;

(c) any reference to a child’s adoptive parent is to a person who is an adoptive parent in relation to that child;

(d) references (other than references in this sub-paragraph) to a child being placed, or being placed for adoption—

(i) are to the child being placed for adoption with a prospective adopter by an adoption agency;

(ii) include, where the child has been placed with a person by an adoption agency, leaving the child with him as a prospective adopter.

(5) In any case where—

(a) a person has attained the age of 18 years and is in full-time education or training; and

(b) immediately before he attained the age of 18 years—

(i) he was an adoptive child; and

(ii) financial support was payable in relation to him,

the definitions of “adoptive child” and “child” shall, for the purposes of the continued provision of financial support and any review of financial support, have effect in relation to him as if he had not attained the age of 18 years.

(1)

S.I. 1983/1964. Relevant amending instruments are S.I. 1997/649, 1997/2308 and 2001/2237.

(2)

1976 c. 36. By section 1(4) of the Adoption Act 1976, a local authority or appropriate voluntary organisation may be referred to as an adoption agency. The term “appropriate voluntary organisation” is defined in section 1(5) of that Act. Section 1(4) was amended by section 116 of, and paragraph 5(1) and (2)(a) of Schedule 4 to, that Act. Section 1(5) was inserted by section 116 of, and paragraph 5(1) and (2)(b) of Schedule 4 to, that Act.

(3)

2002 c. 21. See section 8 for the definition of child tax credit.

(4)

S.I. 2002/57.

(5)

1992 c. 4.

(6)

1995 c. 18.

(7)

1996 c. 56. See section 12 of the Act.

(8)

1989 c. 41. See section 22(1) for the definition in the Children Act 1989 of a child who is looked after by a local authority.