Section 61 Disclosing protected information about adults

England and Wales

I1 I2(1)

This section applies where—

(a)

a person applies to the appropriate adoption agency for protected information to be disclosed to him, and

(b)

none of the information is about a person who is a child at the time of the application.

(2)

The agency is not required to proceed with the application unless it considers it appropriate to do so.

(3)

If the agency does proceed with the application it must take all reasonable steps to obtain the views of any person the information is about as to the disclosure of the information about him.

(4)

The agency may then disclose the information if it considers it appropriate to do so.

I3 I4(5)

In deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—

(a)

the welfare of the adopted person,

(b)

any views obtained under subsection (3),

I5 I6(c)

any prescribed matters,

and all the other circumstances of the case.

(6)

This section does not apply to a request for information under section 60(2) or to a request for information which the agency is authorised or required to disclose in pursuance of regulations made by virtue of section 57(6).

Annotations

Commencement

I1: S. 61(1)-(4) (6) in force at 30.12.2005 for E. by S.I. 2005/2213, art. 3(k) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
I2: S. 61(1)-(4) (5)(a)(b)(6) in force at 30.12.2005 for W. by S.I. 2005/3112, art. 2(f)
I3: S. 61(5) in force at 7.12.2004 for specified purposes for E. by S.I. 2004/3203, art. 2(1)(m)(v)
I4: S. 61(5) in force at 30.12.2005 for E. in so far as not already in force by S.I. 2005/2213, art. 3(k) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
I5: S. 61(5)(c) in force at 7.2.2004 for specified purposes for W. by S.I. 2004/252, art. 2(c)
I6: S. 61(5)(c) in force at 30.12.2005 for W. in so far as not already in force by S.I. 2005/3112, art. 2(f)