Regulation 5 Fees for facilities provided in connection with adoption with a foreign element

(1)

For the purposes of section 11(2) of the Act (fees), the fee which may be charged by a local authority must be reasonable and not exceed the local authority’s costs and expenses properly incurred in providing the facilities.

(2)

The fee may not include any element in respect of costs and expenses incurred by the local authority in connection with—

(a)

a review of a qualifying determination within the meaning of section 12 of the Act; or

(b)

the receipt and consideration of representations made by a prospective adopter under regulation 27 of the Agencies Regulations.

(3)

Each local authority must, at the reasonable request of the person charged a fee under section 11(2), provide details of the method by which the fee was calculated.

(4)

For the purposes of section 11(2) of the Act, prescribed facilities are facilities provided by local authorities—

(a)

in the discharge by them of any function imposed on them under Part 4 of the Agencies Regulations (duties of adoption agency in respect of a prospective adopter), save for facilities provided under regulation 21 of those Regulations (requirement to provide counselling and information) or under regulations 15, 16 and 17 of the Foreign Element Regulations (assessment of prospective adopters – adoptions under the Convention); and

(b)

in relation to the preparation of—

(i)

pre-adoption reports; and

(ii)

post-adoption reports.

(5)

In this regulation—

“post-adoption report” means a report prepared otherwise than in accordance with the Agencies Regulations at the request of a relevant foreign authority following the adoption of a child from the country in which that authority performs its functions;
“pre-adoption report” means a report prepared otherwise than in accordance with the Agencies Regulations at the request of a relevant foreign authority following the placement for adoption of a child from the country in which that authority performs its functions and prior to that child’s adoption but does not include a report prepared in accordance with regulation 29(2) of the Foreign Element Regulations or a report required before an overseas adoption^f1 is effected; and
“relevant foreign authority” has the meaning given in regulation 2 of the Foreign Element Regulations.

Annotations

Footnotes

f1: For the meaning of “overseas adoption” see section 87(1) of the Act.