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The Restriction on the Preparation of Adoption Reports (Amendment) Regulations 2018

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111168486

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.

Draft Regulations laid before Parliament under section 140(3)(b) of the Adoption and Children Act 2002, for approval by resolution of each House of Parliament.

Children And Young Persons, England And Wales

Made ***

Coming into force on the day after the day on which it is made

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by section 94(1) of the Adoption and Children Act 2002f1 (“the Act”), and after consultation with the Welsh Ministersf2.

In accordance with section 140(3) of the Actf3, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2002 c.38. See section 144(1) for the definition of “regulations” and section 94(1) for the definition of “prescribed”.

f2

Section 94(1) provides that the regulations are to be made by the Secretary of State after consultation with the National Assembly for Wales. Paragraph 30 of Schedule 11 to the Government of Wales Act 2006 transferred this function to the Welsh Ministers.

f3

Section 140(3) was amended by section 4(2) of the Children and Families Act 2014 (c.6).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Restriction on the Preparation of Adoption Reports Regulations 2005
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Restriction on the Preparation of Adoption Reports (Amendment) Regulations 2018 and come into force on the day after the day on which they are made.

2Amendment of the Restriction on the Preparation of Adoption Reports Regulations 2005

(1)

The Restriction on the Preparation of Adoption Reports Regulations 2005f1 are amended as follows—

(2)

In regulation 2 (interpretation)—

(a)

omit the definition of “Council”; and

(b)

in the definition of “social worker”—

(i)

for paragraph (a) substitute—

“(a)

Part 16 of the register maintained by the Health and Care Professions Council under article 5 of the Health and Social Work Professions Order 2001f2;

(aa)

the social worker part of the register maintained by Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016f3;”.

(3)

For regulation 3(1)(b)(i) (a person within a prescribed description) substitute—

“(i)

is participating in a course for persons wishing to become social workers which is approved—

(aa)

under article 15 of the Health and Social Work Professions Order 2001, or

(bb)

by Social Care Wales under section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016.”.

Signature

Name

Parliamentary Under Secretary of State

Department for Education

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Restriction on the Preparation of Adoption Reports Regulations 2005. They amend the description of persons prescribed for the purposes of section 94(1) of the Adoption and Children Act 2002 by amending the definition of “social worker” and the description of persons prescribed by virtue of participating in specified courses. The Regulations update the references to the English and Welsh social work regulators to the Health and Care Professions Council (HCPC) and Social Care Wales, respectively.

An impact assessment has not been produced for this instrument as it has a minimal impact on businesses and civil society organisations. The instrument has a minimal impact on the public sector.