Paragraph 2 Registration in respect of existing agencies

(1)

This paragraph shall have effect subject to paragraphs 4 (decision as to withdrawal of approval under section 4 of the 1976 Act) and 5 (pending proposal as to withdrawal of approval under section 4 of the 1976 Act).

(2)

Subject to sub-paragraph (3), where an existing provider has complied with paragraph 1, the existing provider shall, with effect from 30th April 2003, be treated, for the purposes of Part II of the Act, as having applied for and been granted registration in respect of the existing agency as a voluntary adoption agency, subject to—

(a)

in a case where the existing provider has indicated on the transfer of registration form that the agency makes arrangements only in respect of—

(i)

adoptions other than intercountry adoptions;

(ii)

adoptions other than intercountry adoptions and, in relation to intercountry adoption, the preparation of relevant reports on behalf of a local authority; or

(iii)

intercountry adoptions,

a condition that the agency may make only such arrangements; and

(b)

a condition that the activities of the agency may only be carried on from the principal office and branch (if any) of the agency which are specified on the agency’s certificate of registration,

and those conditions shall have effect from 30th April 2003, for the purposes of section 19(1) of the Act, as if they had been agreed in writing between the existing provider and the Commission.

(3)

An existing provider shall not be treated as having applied for and been granted registration where paragraph 3(1) applies.

(4)

The provisions of sub-paragraph (2) are without prejudice to the powers of the Commission to vary, remove, or impose any conditions in accordance with Part II of the Act.

(5)

In this paragraph—

(a)

“relevant reports” means a report about—

(i)

the suitability of a person to adopt a child;

(ii)

the placement of a child for adoption;

(iii)

the adoption of a child;

(b)

“intercountry adoption” means—

(i)

the adoption of a child habitually resident in the British Islands by prospective adopters habitually resident outside the British Islands; or

(ii)

the adoption of a child habitually resident outside the British Islands.