Regulation 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^f1 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^f2, an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997^f3 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.”.

Annotations

Footnotes

f1: S.I. 2003/367 to which there are amendments not relevant to these Regulations.
f2: S.I. 2002/233. Regulation 5A was inserted by S.I. 2006/748 and is amended by S.I. 2006/2181, 2007/1892, 2007/3224 and 2008/2143.
f3: 1997 c. 50. Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and is amended by the Safeguarding Vulnerable Groups Act 2006 (c. 47), section 63(1), Schedule 9, paragraph 14(1) and (2). Amendments are also made to section 113A by S.I. 2008/3260, S.I. 2009/203 and section 50(1) and (3)(b) of the Criminal Justice and Immigration Act 2008 (c. 4). Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 and is amended by the Safeguarding Vulnerable Groups Act 2006, section 63(1), Schedule 9, paragraph 14(1) and (3). Amendments are also made to section 113B by S.I. 2009/203 and the Armed Forces Act 2006, section 378(1), Schedule 16, paragraph 149. Section 113BA was inserted by the Safeguarding Vulnerable Groups Act 2006, section 63(1), Schedule 9, paragraph 14(1) and (4). Amendments are made to section 113BA by the Education and Inspections Act 2006 (c. 40), section 170(2) and the Education and Skills Act 2008 (c. 25), section 169, Schedule 1, paragraph 12.