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(2) The extent of the power to make regulations under this section is not limited | |
by sections 10 to 12, 54 and 56 to 65 or by any other powers exercisable in | |
respect of local authorities, voluntary adoption agencies or adoption support | |
agencies. | |
(3) Regulations may provide that a person who contravenes or fails to comply | 5 |
with any provision of regulations under this section is to be guilty of an offence | |
and liable on summary conviction to a fine not exceeding level 5 on the | |
standard scale. | |
(4) In this section and section 10, “voluntary adoption agency” means a voluntary | |
organisation which is an adoption society. | 10 |
10 Management etc. of agencies | |
(1) In relation to local authorities, voluntary adoption agencies and adoption | |
support agencies, regulations under section 9 may make provision as to— | |
(a) the persons who are fit to work for them for the purposes of the | |
functions mentioned in section 9(1), | 15 |
(b) the fitness of premises, | |
(c) the management and control of their operations, | |
(d) the number of persons, or persons of any particular type, working for | |
the purposes of those functions, | |
(e) the management and training of persons working for the purposes of | 20 |
those functions, | |
(f) the keeping of information. | |
(2) Regulations made by virtue of subsection (1)(a) may, in particular, make | |
provision for prohibiting persons from working in prescribed positions unless | |
they are registered in, or in a particular part of, one of the registers maintained | 25 |
under section 56(1) of the Care Standards Act 2000 (c. 14) (registration of social | |
care workers). | |
(3) In relation to voluntary adoption agencies and adoption support agencies, | |
regulations under section 9 may— | |
(a) make provision as to the persons who are fit to manage an agency, | 30 |
including provision prohibiting persons from doing so unless they are | |
registered in, or in a particular part of, one of the registers referred to in | |
subsection (2), | |
(b) impose requirements as to the financial position of an agency, | |
(c) make provision requiring the appointment of a manager in prescribed | 35 |
circumstances, | |
(d) in the case of a voluntary adoption agency, make provision for securing | |
the welfare of children placed by the agency, including provision as to | |
the promotion and protection of their health, | |
(e) in the case of an adoption support agency, make provision as to the | 40 |
persons who are fit to carry on the agency. | |
(4) Regulations under section 9 may make provision as to the conduct of voluntary | |
adoption agencies and adoption support agencies, and may in particular make | |
provision— | |
(a) as to the facilities and services to be provided by an agency, | 45 |
(b) as to the keeping of accounts, | |
(c) as to the notification to the registration authority of events occurring in | |
premises used for the purposes of an agency, | |
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(d) as to the giving of notice to the registration authority of periods during | |
which the manager of an agency proposes to be absent, and specifying | |
the information to be given in such a notice, | |
(e) as to the making of adequate arrangements for the running of an | |
agency during a period when its manager is absent, | 5 |
(f) as to the giving of notice to the registration authority of any intended | |
change in the identity of the manager, | |
(g) as to the giving of notice to the registration authority of changes in the | |
ownership of an agency or the identity of its officers, | |
(h) requiring the payment of a prescribed fee to the registration authority | 10 |
in respect of any notification required to be made by virtue of | |
paragraph (g), | |
(i) requiring arrangements to be made for dealing with complaints made | |
by or on behalf of those seeking, or receiving, any of the services | |
provided by an agency and requiring the agency or manager to take | 15 |
steps for publicising the arrangements. | |
11 Fees | |
(1) Regulations under section 9 may prescribe— | |
(a) the fees which may be charged by adoption agencies in respect of the | |
provision of services to persons providing facilities as part of the | 20 |
Adoption Service (including the Adoption Services in Scotland and | |
Northern Ireland), | |
(b) the fees which may be paid by adoption agencies to persons providing | |
such facilities. | |
(2) Regulations under section 9 may prescribe the fees which may be charged by | 25 |
local authorities in respect of the provision of prescribed facilities of the | |
Adoption Service where the following conditions are met. | |
(3) The conditions are that the facilities are provided in connection with— | |
(a) the adoption of a child brought into the United Kingdom for the | |
purpose of adoption, or | 30 |
(b) a Convention adoption, an overseas adoption or an adoption effected | |
under the law of a country or territory outside the British Islands. | |
12 Independent review of determinations | |
(1) Regulations under section 9 may establish a procedure under which any | |
person in respect of whom a qualifying determination has been made by an | 35 |
adoption agency may apply to a panel constituted by the appropriate Minister | |
for a review of that determination. | |
(2) The regulations must make provision as to the description of determinations | |
which are qualifying determinations for the purposes of subsection (1). | |
(3) The regulations may include provision as to— | 40 |
(a) the duties and powers of a panel (including the power to recover the | |
costs of a review from the adoption agency by which the determination | |
reviewed was made), | |
(b) the administration and procedures of a panel, | |
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(c) the appointment of members of a panel (including the number, or any | |
limit on the number, of members who may be appointed and any | |
conditions for appointment), | |
(d) the payment of expenses of members of a panel, | |
(e) the duties of adoption agencies in connection with reviews conducted | 5 |
under the regulations, | |
(f) the monitoring of any such reviews. | |
(4) The appropriate Minister may make an arrangement with an organisation | |
under which functions in relation to the panel are performed by the | |
organisation on his behalf. | 10 |
(5) If the appropriate Minister makes such an arrangement with an organisation, | |
the organisation is to perform its functions under the arrangement in | |
accordance with any general or special directions given by the appropriate | |
Minister. | |
(6) The arrangement may include provision for payments to be made to the | 15 |
organisation by the appropriate Minister. | |
(7) Where the appropriate Minister is the Assembly, subsections (4) and (6) also | |
apply as if references to an organisation included references to the Secretary of | |
State. | |
(8) In this section, “organisation” includes a public body and a private or | 20 |
voluntary organisation. | |
Supplemental | |
13 Information concerning adoption | |
(1) Each adoption agency must give to the appropriate Minister any statistical or | |
other general information he requires about— | 25 |
(a) its performance of all or any of its functions relating to adoption, | |
(b) the children and other persons in relation to whom it has exercised | |
those functions. | |
(2) The following persons— | |
(a) the justices’ chief executive for each magistrates’ court, | 30 |
(b) the relevant officer of each county court, | |
(c) the relevant officer of the High Court, | |
must give to the appropriate Minister any statistical or other general | |
information he requires about the proceedings under this Act of the court in | |
question. | 35 |
(3) In subsection (2), “relevant officer”, in relation to a county court or the High | |
Court, means the officer of that court who is designated to act for the purposes | |
of that subsection by a direction given by the Lord Chancellor. | |
(4) The information required to be given to the appropriate Minister under this | |
section must be given at the times, and in the form, directed by him. | 40 |
(5) The appropriate Minister may publish from time to time abstracts of the | |
information given to him under this section. | |
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14 Default power of appropriate Minister | |
(1) If the appropriate Minister is satisfied that any local authority have failed, | |
without reasonable excuse, to comply with any of the duties imposed on them | |
by virtue of this Act or of section 1 or 2(4) of the Adoption (Intercountry | |
Aspects) Act 1999 (c. 18), he may make an order declaring that authority to be | 5 |
in default in respect of that duty. | |
(2) An order under subsection (1) must give the appropriate Minister’s reasons for | |
making it. | |
(3) An order under subsection (1) may contain such directions as appear to the | |
appropriate Minister to be necessary for the purpose of ensuring that, within | 10 |
the period specified in the order, the duty is complied with. | |
(4) Any such directions are enforceable, on the appropriate Minister’s application, | |
by a mandatory order. | |
15 Inspection of premises etc. | |
(1) The appropriate Minister may arrange for any premises in which— | 15 |
(a) a child is living with a person with whom the child has been placed by | |
an adoption agency, or | |
(b) a child in respect of whom a notice of intention to adopt has been given | |
under section 44 is, or will be, living, | |
to be inspected from time to time. | 20 |
(2) The appropriate Minister may require an adoption agency— | |
(a) to give him any information, or | |
(b) to allow him to inspect any records (in whatever form they are held), | |
relating to the discharge of any of its functions in relation to adoption which | |
the appropriate Minister specifies. | 25 |
(3) An inspection under this section must be conducted by a person authorised by | |
the appropriate Minister. | |
(4) An officer of a local authority may only be so authorised with the consent of | |
the authority. | |
(5) A person inspecting any premises under subsection (1) may— | 30 |
(a) visit the child there, | |
(b) make any examination into the state of the premises and the treatment | |
of the child there which he thinks fit. | |
(6) A person authorised to inspect any records under this section may at any | |
reasonable time have access to, and inspect and check the operation of, any | 35 |
computer (and associated apparatus) which is being or has been used in | |
connection with the records in question. | |
(7) A person authorised to inspect any premises or records under this section | |
may— | |
(a) enter the premises for that purpose at any reasonable time, | 40 |
(b) require any person to give him any reasonable assistance he may | |
require. | |
(8) A person exercising a power under this section must, if required to do so, | |
produce a duly authenticated document showing his authority. | |
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(9) Any person who intentionally obstructs another in the exercise of a power | |
under this section is guilty of an offence and liable on summary conviction to | |
a fine not exceeding level 3 on the standard scale. | |
16 Distribution of functions in relation to registered adoption societies | |
After section 36 of the Care Standards Act 2000 there is inserted— | 5 |
“36A Voluntary adoption agencies: distribution of functions | |
(1) This section applies to functions relating to voluntary adoption | |
agencies conferred on the registration authority by or under this Part or | |
under Chapter 2 of Part 1 of the Adoption and Children Act 2002. | |
(2) Subject to the following provisions, functions to which this section | 10 |
applies are exercisable— | |
(a) where the principal office of an agency is in England, by the | |
Commission, | |
(b) where the principal office of an agency is in Wales, by the | |
Assembly. | 15 |
(3) So far as those functions relate to the imposition, variation or removal | |
of conditions of registration, they may only be exercised after | |
consultation with the Assembly or (as the case may be) the | |
Commission. | |
(4) But— | 20 |
(a) where such a function as is mentioned in subsection (3) is | |
exercisable by the Commission in relation to an agency which | |
has a branch in Wales, it is exercisable only with the agreement | |
of the Assembly, | |
(b) where such a function as is mentioned in subsection (3) is | 25 |
exercisable by the Assembly in relation to an agency which has | |
a branch in England, it is exercisable only with the agreement of | |
the Commission. | |
(5) The functions conferred on the registration authority by sections 31 and | |
32 of this Act in respect of any premises of a voluntary adoption agency | 30 |
are exercisable— | |
(a) where the premises are in England, by the Commission | |
(b) where the premises are in Wales, by the Assembly. | |
(6) In spite of subsections (2) to (5), regulations may provide for any | |
function to which this section applies to be exercisable by the | 35 |
Commission instead of the Assembly, or by the Assembly instead of the | |
Commission, or by one concurrently with the other, or by both jointly | |
or by either with the agreement of or after consultation with the other. | |
(7) In this section, “regulations” means regulations relating to England and | |
Wales.” | 40 |
17 Inquiries | |
(1) The appropriate Minister may cause an inquiry to be held into any matter | |
connected with the functions of an adoption agency. | |
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(2) Before an inquiry is begun, the appropriate Minister may direct that it is to be | |
held in private. | |
(3) Where no direction has been given, the person holding the inquiry may if he | |
thinks fit hold it, or any part of it, in private. | |
(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) | 5 |
(powers in relation to local inquiries) apply in relation to an inquiry under this | |
section as they apply in relation to a local inquiry under that section. | |
Chapter 3 | |
Placement for adoption and adoption orders | |
Placement of children by adoption agency for adoption | 10 |
18 Placement for adoption by agencies | |
(1) An adoption agency may— | |
(a) place a child for adoption with prospective adopters, or | |
(b) where it has placed a child with any persons (whether under this Part | |
or not), leave the child with them as prospective adopters, | 15 |
but, except in the case of a child who is less than six weeks old, may only do so | |
under section 19 or a placement order. | |
(2) A child who is placed or authorised to be placed for adoption with prospective | |
adopters by a local authority is looked after by the authority. | |
(3) If an application for an adoption order has been made by any persons in | 20 |
respect of a child and has not been disposed of— | |
(a) an adoption agency which placed the child with those persons may | |
leave the child with them until the application is disposed of, but | |
(b) apart from that, the child may not be placed for adoption with any | |
prospective adopters. | 25 |
“Adoption order” includes a Scottish or Northern Irish adoption order. | |
(4) References in this Act (apart from this section) to an adoption agency placing a | |
child for adoption— | |
(a) are to its placing a child for adoption with prospective adopters, and | |
(b) include, where it has placed a child with any persons (whether under | 30 |
this Act or not), leaving the child with them as prospective adopters; | |
and references in this Act (apart from this section) to a child who is placed for | |
adoption by an adoption agency are to be interpreted accordingly. | |
(5) References in this Chapter to an adoption agency being, or not being, | |
authorised to place a child for adoption are to the agency being or (as the case | 35 |
may be) not being authorised to do so under section 19 or a placement order. | |
(6) This section is subject to sections 30 to 35 (removal of children placed by | |
adoption agencies). | |
19 Placing children with parental consent | |
(1) Where an adoption agency is satisfied that each parent or guardian of a child | 40 |
has consented to the child— | |
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(a) being placed for adoption with prospective adopters identified in the | |
consent, or | |
(b) being placed for adoption with any prospective adopters who may be | |
chosen by the agency, | |
and has not withdrawn the consent, the agency is authorised to place the child | 5 |
for adoption accordingly. | |
(2) Consent to a child being placed for adoption with prospective adopters | |
identified in the consent may be combined with consent to the child | |
subsequently being placed for adoption with any prospective adopters who | |
may be chosen by the agency in circumstances where the child is removed from | 10 |
or returned by the identified prospective adopters. | |
(3) Subsection (1) does not apply where– | |
(a) an application has been made on which a care order might be made and | |
the application has not been disposed of, or | |
(b) a care order or placement order has been made after the consent was | 15 |
given. | |
(4) References in this Act to a child placed for adoption under this section include | |
a child who was placed under this section with prospective adopters and | |
continues to be placed with them, whether or not consent to the placement has | |
been withdrawn. | 20 |
(5) This section is subject to section 52 (parental etc. consent). | |
20 Advance consent to adoption | |
(1) A parent or guardian of a child who consents to the child being placed for | |
adoption by an adoption agency under section 19 may, at the same or any | |
subsequent time, consent to the making of a future adoption order. | 25 |
(2) Consent under this section— | |
(a) where the parent or guardian has consented to the child being placed | |
for adoption with prospective adopters identified in the consent, may | |
be consent to adoption by them, or | |
(b) may be consent to adoption by any prospective adopters who may be | 30 |
chosen by the agency. | |
(3) A person may withdraw any consent given under this section. | |
(4) A person who gives consent under this section may, at the same or any | |
subsequent time, by notice given to the adoption agency— | |
(a) state that he does not wish to be informed of any application for an | 35 |
adoption order, or | |
(b) withdraw such a statement. | |
(5) A notice under subsection (4) has effect from the time when it is received by the | |
adoption agency but has no effect if the person concerned has withdrawn his | |
consent. | 40 |
(6) This section is subject to section 52 (parental etc. consent). | |
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