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

S.I. 2009/1898 · made 15 July 2009

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

Made under: Adoption and Children Act 2002 (Section 9, Section 10, Section 140)

PDFs: Printed copy https://openlegislation.uk/voluntary-adoption-agencies-and-the-adoption-agencies-miscellaneous-amendmentsamendment-regulations-2009/pdf/uksi_20091898_en.pdf; Explanatory Memorandum https://openlegislation.uk/voluntary-adoption-agencies-and-the-adoption-agencies-miscellaneous-amendmentsamendment-regulations-2009/pdf/uksiem_20091898_en.pdf

## Introductory text

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 2002:

## 1 Citation, 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.

## 2 Amendment 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 2003 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 2002, an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997 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).

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Source: https://www.legislation.gov.uk/uksi/2009/1898 (the official version)
Page: https://openlegislation.uk/voluntary-adoption-agencies-and-the-adoption-agencies-miscellaneous-amendmentsamendment-regulations-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.