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The Adoption Support Agencies (England) (Amendment) Regulations 2023

S.I. 2023/1261 · Made 23 November 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CHILDREN AND YOUNG PERSONS, ENGLAND

Made 23rd November 2023

Laid before Parliament 27th November 2023

Coming into force 18th December 2023

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 3(4)(b), 8(2)(f), and 140(7) and (8) of the Adoption and Children Act 2002f1.

Annotations to the whole text

Footnotes

f1

2002 c. 38; section 140(7) was amended by section 7(6) of the Children and Families Act 2014 (c. 6).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005
  3. 3Amendment of the Adoption Support Services Regulations 2005
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Adoption Support Agencies (England) (Amendment) Regulations 2023 and come into force on 18th December 2023.

(2)

These Regulations extend to England and Wales.

2Amendment of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005

(1)

  The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005f1 (exceptions) is amended as follows.

(2)

In regulation 4(4)—

(a)

for “an individual” substitute “a person”, and

(b)

omit “(otherwise than in a partnership with others)”.

(3)

After regulation 4(4) insert—

“(5)

An undertaking is not an adoption support agency merely because it provides counselling in relation to adoption to a person who has attained the age of 18.”.

3Amendment of the Adoption Support Services Regulations 2005

Regulation 5(1)(bb) of the Adoption Support Services Regulations 2005f1 (Arrangement for securing the provision of services) is amended as follows—

(a)

for “an individual” substitute “a person”, and

(b)

after “regulation 4(4)” insert “or 4(5)”.

Signature

David Johnston

Parliamentary Under-Secretary of State

Department for Education

23rd November 2023

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Adoption Support Services Regulations 2005 (S.I. 2005/691) (“ASSR”) and the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/2720) (“ASA Amendment Regulations 2005”).

Regulation 2 amends regulation 4 of the ASA Amendment Regulations 2005, which provides exceptions from the definition of adoption support agencies (“ASAs”) under section 8 of the Adoption and Children Act 2002 (“2002 Act”). ASAs must register with His Majesty’s Chief Inspector of Education, Children's Services and Skills (“HMCI”) under section 11 Care Standards Act 2000. Regulation 2(2) excepts any person working under a contract of services (including those working in a partnership) with a registered ASA or an Adoption Agency from being an ASA. Regulation 2(3) inserts a new exception to Regulation 4 of the ASA Amendment Regulations 2005 so that a person is not an ASA merely because they provide counselling in relation to adoption to persons who have attained the age of 18.

Section 3(4) of the 2002 Act permits a local authority to make arrangements for others to provide facilities on behalf of the authority in respect of adoption. Regulation 3 amends regulation 5 of the ASSR in consequence of the amendments made by regulation 2 of this Instrument and for the purposes of section 3(4) of the 2002 Act, so that anyone falling within the exceptions hereby set out in regulation 2 may provide adoption support services on behalf of a local authority.