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

PART 3 U.K. PROCEDURE FOR HANDLING APPLICATIONS

Procedure on receipt of application U.K.

11.  The intermediary agency must, on receipt of an application under regulation 5, take reasonable steps to confirm—

(a) the identity of the applicant or of any person acting on his behalf;

(b) the age of the applicant;

(c) that any person acting on behalf of the applicant is authorised to do so;

(d) in the case of an application by a relative of the adopted person, that the applicant is related to that person.

[F1 (e) in the case of an application by a person with a prescribed relationship to the adopted person, that the applicant does have a prescribed relationship with that person.]

Textual Amendments

F1 Reg. 11(e) inserted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 11

Commencement Information

I1 Reg. 11 in force at 30.12.2005, see reg. 1(1)

Contacting the appropriate adoption agency U.K.

12.—(1) The intermediary agency must (unless it is the appropriate adoption agency) take reasonable steps to establish whether an adoption agency was involved in the adoption and, if so, to identify the appropriate adoption agency.

[F2 (2) The steps referred to in paragraph (1) may include—

(a) requesting in writing from the Registrar General any information under regulation 13 that may be relevant for that purpose;

(b) requesting in writing from the court that made the adoption order information about the identity of the appropriate adoption agency;

(c) making enquiries of the local authority for the area where the adoption took place.]

(3) Where the appropriate adoption agency has been identified, the intermediary agency must [F3 take all reasonable steps to] contact that agency in order to—

(a) ascertain whether a veto under regulation 8 exists;

(b) if no veto exists—

[F4 (i) ascertain whether the adopted person has, at any time, expressed his views to the agency about—

(aa) any future contact with any relative of his;

(bb) any future contact between people with a prescribed relationship to him and his relatives; or

(cc) his being approached with regard to such contact; and]

(ii) ascertain the agency’s views as to whether the application is appropriate having regard to the matters mentioned in regulation 6; and

[F5 (c) seek any other information required for the following purposes—

(i) tracing the adopted person and, where the adopted person is not the subject, any other subject;

(ii) enabling the adopted person to make an informed decision as to whether he consents to—

(aa) the disclosure of identifying information about him;

(bb) an application proceeding to facilitate contact between a relative of his and a person with a prescribed relationship to him; or

(cc) contact with the applicant;

(iii) enabling any other subject to make an informed decision as to whether he consents to—

(aa) the disclosure of identifying information about him; or

(bb) contact with the applicant;

(iv) counselling the subject and, where they are not the subject, the adopted person in relation to that decision; and

(v) counselling the applicant.]

(4) Unless a veto under regulation 8 applies, the appropriate adoption agency must take reasonable steps to provide the information sought from it under paragraph (3) [F6 or under corresponding Welsh provision] and may disclose to the intermediary agency such information (including identifying information) as is necessary for that purpose.

[F7 (5) “Intermediary agency” for the purposes of paragraph (4) includes an intermediary agency as defined under corresponding Welsh provision.]

Textual Amendments

F2 Reg. 12(2) substituted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 5(a)

F3 Words in reg. 12(3) inserted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 5(b)

F4 Reg. 12(3)(b)(i) substituted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 12(a)

F5 Reg. 12(3)(c) substituted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 12(b)

F6 Words in reg. 12(4) inserted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 5(c)

F7 Reg. 12(5) inserted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 5(d)

Commencement Information

I2 Reg. 12 in force at 30.12.2005, see reg. 1(1)

Obtaining information from the Registrar General U.K.

[F8 13.— (1) An intermediary agency may make a request in writing to the Registrar General for such of the following information as may assist it for the purposes of proceeding with an application under these Regulations—

(a) the identity of the appropriate adoption agency;

(b) details of the court that made the adoption order;

(c) information the Registrar General may hold that would enable an application to be made for a certified copy of an entry in the Adopted Children Register;

(d) information from the Adoption Contact Register.

(2) If an intermediary agency is proceeding with an application under regulation 5(1)(c), it may also make a request in writing to the Registrar General for such information as the Registrar General may hold that would enable the adopted person with whom the applicant has a prescribed relationship to obtain a certified copy of the adopted person’s record of birth.]

Textual Amendments

F8 Reg. 13 substituted (10.11.2015) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 6

Registrar General to comply with request U.K.

14.—(1) The Registrar General must take reasonable steps to comply with a written request for information from an intermediary agency under regulation F9 ... 13.

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Words in reg. 14(1) omitted (10.11.2015) by virtue of The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 7(a)

F10 Reg. 14(2) omitted (10.11.2015) by virtue of The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 7(b)

Commencement Information

I3 Reg. 14 in force at 30.12.2005, see reg. 1(1)

Court to comply with request U.K.

15.—(1) The court must disclose any information requested in writing by the intermediary agency under regulation 12(2)(b) that is contained in court records.

(2) If the court does not have the information requested under regulation 12(2)(b) it must inform the intermediary agency of that fact in writing, specifying the searches made of court records and, if the court considers that the information may be found in the records of another court, provide the intermediary agency with details of that court.

Commencement Information

I4 Reg. 15 in force at 30.12.2005, see reg. 1(1)

Authorised disclosures U.K.

16.  An intermediary agency must treat information obtained or held for the purposes of these Regulations as confidential, but may disclose such information (including information that identifies any person) as is necessary—

(a) to the Registrar General or to the court for the purpose of obtaining information under regulation F11 ... 13;

(b) to the appropriate adoption agency for the purposes of ascertaining its views or seeking information under regulation 12;

(c) to the subject to enable him to make an informed decision under regulation 7;

(d) to a person providing counselling in connection with an application under these Regulations.

[F12 (e) to the adopted person to enable him to make an informed decision about whether to consent to an application under these Regulations proceeding.]

Textual Amendments

F11 Words in reg. 16(a) omitted (10.11.2015) by virtue of The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2015 (S.I. 2015/1685), regs. 1, 8

F12 Reg. 16(e) inserted (31.10.2014) by The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 (S.I. 2014/2696), regs. 1, 13

Commencement Information

I5 Reg. 16 in force at 30.12.2005, see reg. 1(1)