The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005

PART 1 U.K. INTRODUCTORY

Citation, commencement and application U.K.

1.—(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.

Commencement Information

I1 Reg. 1 in force at 30.12.2005, see reg. 1(1)

Interpretation U.K.

2.  In these Regulations—

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

[F1 “adopted person” means a person who was adopted before 30th December 2005 and has attained the age of 18 years;]

[F2 “applicant” means a person who makes an application under regulation 5 and is—

(a)

an adopted person;

(b)

a person with a prescribed relationship; or

(c)

a relative of an adopted person;]

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

[F3 “corresponding Welsh provision” means in relation to a Part or a regulation of these Regulations, regulations made by the Welsh Ministers under section 9 of the Act which corresponds to that Part or regulation;]

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

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

[F4 “prescribed relationship” has the meaning given in regulation 2A;]

“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(1);

“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.

Textual Amendments

F1 Words in reg. 2 inserted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 3(a)

F2 Words in reg. 2 substituted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 3(b)

F3 Words in reg. 2 inserted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 3

F4 Words in reg. 2 inserted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 3(c)

Commencement Information

I2 Reg. 2 in force at 30.12.2005, see reg. 1(1)

[F5 Prescribed relationship U.K.

2A.   For the purposes of section 98(1A) of the Act, a prescribed relationship is a relationship whereby a person (who is not a relative of the adopted person) is related to an adopted person—

(a) by blood (including half-blood), marriage or civil partnership; or

(b) by virtue of the adopted person’s adoption.]

Textual Amendments

F5 Reg. 2A inserted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 4

Provision of intermediary services U.K.

3.—(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.

Commencement Information

I3 Reg. 3 in force at 30.12.2005, see reg. 1(1)

Meaning of “intermediary service” and “intermediary agency” U.K.

4.—(1) For the purposes of these Regulations an intermediary service is a service provided for the purposes of—

[F6 (a) assisting adopted persons to obtain information in relation to their adoption;

(b) facilitating contact between adopted persons and their relatives; and

(c) facilitating contact between persons with a prescribed relationship to an adopted person and relatives of the adopted person.]

(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”.

Textual Amendments

F6 Reg. 4(1)(a)-(c) substituted for reg. 4(1)(a)(b) (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 5

Commencement Information

I4 Reg. 4 in force at 30.12.2005, see reg. 1(1)

[F7 Adoption support agencies that were formerly adoption agencies U.K.

4A.   Where, by virtue of regulation 16(2A) of the Adoption Agencies Regulations 1983, an adoption support agency keeps the information in relation to the adoption of a person adopted before 30th December 2005, any reference in these Regulations to the appropriate adoption agency in relation to that person shall be taken to be a reference to that adoption support agency.]

Textual Amendments

F7 Reg. 4A inserted (30.12.2005) by The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2720), regs. 1(1), 35

(1)

2000 c. 14.