Statutory Instruments
2009 No. 2563
Children And Young Persons, England And Wales
The Adoptions with a Foreign Element (Amendment) Regulations 2009
Made
22nd September 2009
Laid before Parliament
29th September 2009
Coming into force
23rd October 2009
The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by section 1(1) and (3) of the Adoption (Intercountry Aspects) Act 1999( 1 ).
The Secretary of State has consulted the Welsh Ministers in accordance with section 16(1) of that Act( 2 ).
Citation and commencement
1. —(1) These Regulations may be cited as the Adoptions with a Foreign Element (Amendment) Regulations 2009 and come into force on 23 October 2009.
Amendment of the Adoptions with a Foreign Element Regulations 2005
2. —(1)The Adoptions with a Foreign Element Regulations 2005( 3 ) are amended as follows.
(2) In regulation 19 (procedure following receipt of the Article 16 Information), for paragraph (3) substitute—
“ (3) Where—
(a) the procedure in paragraph (2) has been followed; and
(b) the prospective adopter has confirmed in writing to the adoption agency that he wishes to proceed to adopt the child,
the agency must notify the relevant Central Authority in writing that the requirements specified in sub-paragraphs (a) and (b) have been satisfied and at the same time it must confirm that it is content for the adoption to proceed. ” .
(3) In regulation 20 (procedure where proposed adoption is not to proceed), in paragraph (3) for “before the child is placed with him” substitute “before any Convention adoption is made and before the child’s entry into the United Kingdom”.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
22nd September 2009
Section 16(1) was amended by the Adoption and Children Act 2002, Schedule 3, paragraph 101 (c.38) . By virtue of section 16(1), the Secretary of State must consult the National Assembly for Wales before exercising any functions under section 1. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by the Government of Wales Act 2006 (c.32) , Schedule 11, paragraph 30 (see also paragraph 32).
S.I. 2005/392 ; to which there are amendments not relevant to these Regulations.