PART 1GENERAL

Title, commencement and application1.

(1)

The title of these Regulations is the Independent Review of Determinations (Adoption and Fostering)(Wales) Regulations 2010.

(2)

They come into force on 2 April 2010.

(3)

These Regulations apply to Wales.

Interpretation2.

In these Regulations —

  • “the 1989 Act” (“Deddf 1989”) means the Children Act 1989;

  • “the 2002 Act” (“Deddf 2002”) means the Adoption and Children Act 2002;

  • “the Agencies Regulations” (“y Rheoliadau Asiantaethau”) means the Adoption Agencies (Wales) Regulations 20054;
  • “adoption panel” (“panel mabwysiadu”) means a panel constituted in accordance with regulation 3 of the Agencies Regulations;

  • “adoption suitability determination” (“penderfyniad ar addasrwydd i fabwysiadu”) means a qualifying determination described in regulation 3(a);

  • “applicant” (“ceisydd”) means —

    1. (a)

      in the case of an adoption suitability determination, a prospective adopter;

    2. (b)

      in the case of a disclosure determination, a relevant person within the meaning of regulation 13A(7) of the Disclosure Regulations;

    3. (c)

      in the case of a fostering determination, a person to whom notice has been given for the purposes of regulation 28(6)(a) of the Fostering Regulations;

  • “the central list” (“y rhestr ganolog”) is to be construed in accordance with regulation 5;

  • “disclosure determination” (“penderfyniad ar ddatgelu”) means a qualifying determination described in regulation 13A(1) of the Disclosure Regulations5;
  • “the Disclosure Regulations” (“y Rheoliadau Datgelu”) means the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 20056;
  • “foster parent” (“rhiant maeth”) has the meaning given in regulation 2(1) of the Fostering Regulations;

  • “fostering determination” (“penderfyniad ar faethu”) means a qualifying determination of a description prescribed in regulation 4;

  • “fostering panel” (“panel maethu”) means a panel constituted in accordance with regulation 24 of the Fostering Regulations;

  • “fostering service provider” (“darparydd gwasanaeth maethu”) has the meaning given in regulation 2(1) of the Fostering Regulations;

  • “the Fostering Regulations” (“y Rheoliadau Maethu”) means the Fostering Services (Wales) Regulations 20037;
  • “the Independent Review Regulations 2006” (“Rheoliadau Adolygu Annibynnol 2006”) means the Independent Review of Determinations (Adoption) (Wales) Regulations 20068;
  • “organisation” (“sefydliad”) means an adoption agency or a fostering service provider as the case may be;

  • “panel” (“panel”) means a panel constituted in accordance with regulation 6, 7 or 8 as the case may be;

  • “prospective adopter’s report” (“adroddiad darpar fabwysiadydd”) means a report prepared in accordance with regulation 26 of the Agencies Regulations;

  • “qualifying determination” (“penderfyniad cymhwysol”) means a determination described in regulations 3 and 4;

  • “social worker” (“gweithiwr cymdeithasol”) means a person who is registered as a social worker in a register maintained by the General Social Care Council or the Care Council for Wales under section 56 of the Care Standards Act 2000 or in a corresponding register maintained under the law of Scotland or Northern Ireland; and

  • “working day” (“diwrnod gwaith”) means any day other than a Saturday, Sunday, Christmas day, Good Friday or a day which is a bank holiday with the meaning of the Banking and financial Dealings Act 19719.

Qualifying determination — prescribed description for the purposes of section 12(2) of the 2002 Act3.

For the purposes of section 12(2) of the 2002 Act, a qualifying determination is —

(a)

a determination that has been made by an adoption agency in accordance with the Agencies Regulations as follows —

(i)

where under regulation 28(4) of the Agencies Regulations the agency does not propose to approve a prospective adopter as suitable to be an adoptive parent;

(ii)

where the agency considers that a prospective adopter is no longer suitable to be an adoptive parent following a review under regulation 30 of the Agencies Regulations; or

(b)

a determination described in regulation 13A(1) of the Disclosure Regulations.

Qualifying determination — prescribed descriptions for the purposes of paragraph 12A(2)(b) of Schedule 2 to the 1989 Act4.

For the purposes of paragraph 12A(2)(b) of Schedule 2 to the 1989 Act the following descriptions of determinations are prescribed —

(a)

a determination (other than a determination made pursuant to regulation 27(6) of the Fostering Regulations) that the fostering service provider proposes not to approve a person as suitable to act as a foster parent in accordance with regulation 28(6) of the Fostering Regulations, and

(b)

a determination (other than a determination made pursuant to regulation 27(6) of the Fostering Regulations) that the fostering service provider proposes to terminate, or to revise the terms of, the approval of a person as suitable to act as a foster parent in accordance with regulation 29(7) of the Fostering Regulations, where notice of the determination is given on or after 2 April 2010.