PART 1INTRODUCTORY

Citation, commencement and application1

1

These Regulations may be cited as the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005 and shall come into force on 30th December 2005.

2

These Regulations apply to England only.

Interpretation2

In these Regulations—

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

  • “applicant” means an adopted person or a relative of an adopted person who makes an application under regulation 5;

  • “the appropriate adoption agency” has the same meaning as in section 65(1) of the Act;

  • “identifying information” has the meaning given in regulation 7;

  • “intermediary agency” and “intermediary service” have the meaning given in regulation 4;

  • “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 20003;

  • “relative”, in relation to an adopted person, has the same meaning as in section 98 of the Act;

  • “subject”, in relation to an application under regulation 5, is a person with whom the applicant seeks contact.

Provision of intermediary services3

1

A registered adoption support agency or an adoption agency may provide an intermediary service.

2

The service must be provided in accordance with these Regulations.

3

An intermediary service is an adoption support service for the purposes of section 2(6) of the Act.

Meaning of “intermediary service” and “intermediary agency”4

1

For the purposes of these Regulations an intermediary service is a service provided for the purposes of—

a

assisting adopted persons aged 18 or over, who were adopted before 30th December 2005, to obtain information in relation to their adoption; and

b

facilitating contact between such persons and their relatives.

2

But an adoption agency does not provide an intermediary service for the purposes of these Regulations if it is the appropriate adoption agency in relation to an adopted person and only provides information in relation to that person’s adoption.

3

A registered adoption support agency or an adoption agency that provides an intermediary service is referred to in these Regulations as an “intermediary agency”.