# The Local Authority (Adoption) (Miscellaneous Provisions) Regulations 2005, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make provision for when people wish to adopt a child who is not placed for adoption with them by an adoption agency, and enable local authorities to charge for services provided in connection with adoptions with a foreign element and to use people who are not their employees in the exercise of their functions.
These Regulations apply to England only and come into force on 30th December 2005.
Regulation 3 prescribes, for the purposes of section 44 of the Adoption and Children Act 2002 (“the Act”), the appropriate local authority where the proposed adopters are living overseas and wish to give notice of intention to apply for an adoption order. In four cases it prescribes the local authority to which proposed adopters have to give notice of intention to adopt and which has other functions under section 44 of the Act.
Regulation 4 requires the local authority, for the proposes of the investigation which it is required to arrange under section 44(5) of the Act, to take steps to obtain enhanced criminal record certificates in respect of both the proposed adopters and other members of their household who are aged 18 or over.
Regulation 5 prescribes the facilities for which a local authority may charge, and the level of the fee, where the facilities are provided in connection with the adoption of a child brought into the United Kingdom for the purpose of adoption, or in connection with an adoption under the Hague Convention, an overseas adoption or an adoption effected under the law of a country outside the British Islands.
Regulation 6 allows local authorities to provide any of the requisite facilities for the purpose of maintaining an Adoption Service through an independent social worker who has the prescribed qualifications and experience.

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Source: https://www.legislation.gov.uk/uksi/2005/3390/note (the official version)
Page: https://openlegislation.uk/local-authority-adoption-miscellaneous-provisions-regulations-2005/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.