SCHEDULES

SCHEDULE 5Transitional provisions and savings

Section 117(1).

Fostering agencies

1

The appropriate Minister may by regulations provide that, if prescribed requirements are satisfied, section 11 shall apply, during the prescribed period, to a person running a fostering agency who has made an application for registration under section 12(1) as if that person were unconditionally registered under Part II of this Act.

Voluntary adoption agencies

2

1

Where an approval granted to a body, before the commencement of section 13, under section 3 of the [1976 c. 36.] Adoption Act 1976 (approval of adoption societies) is operative at that commencement, Part II of this Act shall, if prescribed requirements are satisfied, have effect after that commencement as if any person carrying on or managing the body were registered under that Part in respect of it, either—

a

unconditionally; or

b

subject to such conditions as may be prescribed.

2

Any application made before the commencement of section 12 for approval under section 3 of the [1976 c. 36.] Adoption Act 1976 shall be treated after that commencement as an application made under section 12(1) to the registration authority for registration under Part II of this Act.

3

The appropriate Minister may by order make such further transitional provision in relation to the repeal by this Act of provisions of the [1976 c. 36.] Adoption Act 1976 as he considers appropriate.

Children’s Commissioner for Wales

3

1

The Part of this Act which relates to the Children’s Commissioner for Wales has effect, in relation to times before the commencement of any other relevant provision of this Act, as if references—

a

to regulated children’s services in Wales; and

b

to the provider of such services,

were or included references to services which would be regulated children’s services in Wales, or (as the case may be) to the person who would be the provider, if that provision were in force.

2

Sub-paragraph (1) has effect subject to any provision made under sections 118 or 119.