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The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments)(Amendment) Regulations 2009

S.I. 2009/1898 · Made 15 July 2009

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.

Children And Young Persons, England And Wales

Social Care, England And Wales

Made 15th July 2009

Laid before Parliament 16th July 2009

Laid before the National Assembly for Wales 16th July 2009

Coming into force 12th October 2009

The Secretary of State for Children, Schools and Families and the Welsh Ministers, acting jointly, make the following Regulations in exercise of powers conferred by section 9(1)(a), section 10(1)(a) and (3)(a) and section 140(7) of the Adoption and Children Act 2002f1:

Annotations to the whole text

Footnotes

f1

2002 c. 38. See section 144(1) for the definitions of “regulations” and “appropriate Minister”. The appropriate Minister for Wales is specified as the National Assembly for Wales. The functions of the Assembly under this Act were transferred to the Welsh Ministers under paragraph 30, Schedule 11 to the Government of Wales Act 2006 (c. 32) and under paragraph 32 of that Schedule, a reference to the National Assembly for Wales is to be read as a reference to the Welsh Ministers.

Contents

  1. 1Citation, commencement and application
  2. 2Amendment of the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003
  3. Signature
  4. Explanatory note

1Citation, commencement and application

These Regulations may be cited as the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) (Amendment) Regulations 2009 and come into force on 12th October 2009.

2Amendment of the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003

(1)

The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003f1 are amended as follows.

(2)

For paragraph 2 of Schedule 2 (information required in respect of the responsible individual or persons seeking to manage or work for the purposes of an agency) substitute—

“2.

Either—

(a)

where the certificate is required for a position that falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002f2, an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997f3 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act); or

(b)

in any other case, a criminal record certificate issued under section 113A of the Police Act 1997.”.

Signature

Delyth Morgan

Parliamentary Under Secretary of State

Department for Children, Schools and Families

15th July 2009

Gwenda Thomas

Deputy Minister for Social Services Under authority of the Minister for Health and Social Services One of the Welsh Ministers

14th July 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/367) (“2003 Regulations”).

The amendment made reflects the effect of new provisions (sections 113BA and 113BB) that are inserted into the Police Act 1997 (c. 50) by the Safeguarding Vulnerable Groups Act 2006 (c. 47). One of the effects of the new provisions is that, as from 12th October 2009, information as to whether a person is barred from working with vulnerable groups (suitability information) will, from the 12th October 2009, only be provided in prescribed cases where an application for an enhanced criminal record certificate is made under section 113B of the Police Act 1997.

The amendment made in these Regulations relates to provisions in the 2003 Regulations that specify the information that must be available in order for a person to meet the requirements relating to fitness to carry on, manage or work for a registered adoption society. A registered adoption society is defined in section 2 of the Adoption and Children Act 2002 (c. 38).