Citation, commencement and application

1. —(1) These Regulations may be cited as the Local Authority (Adoption) (Miscellaneous Provisions) Regulations 2005 and come into force on 30th December 2005.

(2) These Regulations apply to England only.

Interpretation

2. In these Regulations—

“the Act” means the Adoption and Children Act 2002;

“the Agencies Regulations” means the Adoption Agencies Regulations 2005( 2 );

“the Foreign Element Regulations” means the Adoptions with a Foreign Element Regulations 2005( 3 );

“proposed adopter” has the same meaning as in section 44(1) of the Act; and

“social worker” means a person who is registered in—

Prescribed local authorities

3. —(1) For the purposes of section 44(9)(a) of the Act, the following local authorities are prescribed in the following cases.

(2) In the case of the proposed adoption by one person who no longer has his home in England, the prescribed local authority is the local authority for the area in which that person’s last home in England was situated.

(3) In the case of the proposed adoption by a couple who no longer have their home in England and who shared together the last home they had in England, the prescribed local authority is the local authority for the area in which that home in England was situated.

(4) In the case of the proposed adoption by a couple who no longer have their home in England and who did not share together the last home each had in England, the prescribed local authority is the local authority which the couple nominate, being the local authority for the area in which the last home in England of one of them was situated.

(5) In the case of the proposed adoption by a couple only one of whom ever had his home in England, the prescribed local authority is the local authority for the area in which that person’s last home in England was situated.

Requirement to take steps to obtain police checks

4. For the purposes of an investigation arranged under section 44(5) of the Act, the local authority must take steps to obtain in respect of—

(a) the proposed adopters; and

(b) any other member of their household aged 18 or over,

an enhanced criminal record certificate within the meaning of section 115 of the Police Act 1997( 7 ) including the matters specified in subsection (6A) of that section.

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

5. —(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 underregulation 27 of the Agencies Regulations.

(3) Each local authority must, at the reasonable request of the person charged a feeunder 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 underregulation 21 of those Regulations (requirement to provide counselling and information) or underregulations 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( 8 ) is effected; and

“relevant foreign authority” has the meaning given in regulation 2 of the Foreign Element Regulations.

Local authority provision of facilities

6. For the purposes of section 3(4)(b) of the Act (maintenance of adoption service) a local authority may provide any of the requisite facilities by securing their provision by a social worker who has at least three years' post-qualifying experience in child care social work, including direct experience of adoption work.