Explanatory note

These Regulations are made by the Welsh Ministers under powers conferred by sections 2(6)(b), 140(7), and 142(4) and (5)(a) of the Adoption and Children Act 2002 (“the 2002 Act”). They revoke and replace the Adoption Support Services (Wales) Regulations 2019 (“the 2019 Regulations”).

Section 8(1) of the 2002 Act defines an “adoption support agency” as an undertaking the purpose of which, or one of the purposes of which, is the provision of adoption support services.

Adoption support services are defined by section 2(6) of the 2002 Act as counselling, advice and information, and any other services prescribed by regulations, in relation to adoption.

Regulation 3 of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 prescribes particular services as adoption support services for the purposes of section 2(6)(b) of the 2002 Act.

Regulation 3(4) of the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 2005 provides that an intermediary service is an adoption support service for the purposes of section 2(6) of the 2002 Act.

Regulation 3 of these Regulations prescribe adoption support services in addition to those already prescribed for the purposes of section 2(6) of the 2002 Act. Adoption support agencies must be registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide prescribed adoption support services.

Regulation 4 revokes the 2019 Regulations. Regulation 5 introduces consequential amendments.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Health, Social Care and Early Years, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.