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Adoption and Children Act 2002

Section 9: General power to regulate adoption etc. agencies

45.Section 9 enables regulations to be made in respect of local authorities, voluntary adoption agencies and adoption support agencies. Subsection (1) provides a general power to make regulations for any purpose relating to the exercise by local authorities, voluntary adoption agencies and adoption support agencies of their functions in relation to adoption. Subsection (2) provides that the power to make regulations under section 9 is not limited by the specific powers in sections 10 to 12, 45, 54 and 56 to 65 and 98, nor by any other powers exercisable in respect of local authorities, voluntary adoption agencies or adoption support agencies. Subsection (3) enables regulations to be made under this provision to provide that a person who breaches those regulations commits an offence and is liable on summary conviction (prosecuted in the magistrates’ court) to a fine not exceeding level 5 on the standard scale(). Subsection (4) defines “voluntary adoption agency” for the purpose of sections 9 and 10.

There are five levels to the standard scale for fines, as defined in section 75 of the Criminal Justice Act 1982. A court may impose a fine up to the maximum for the prescribed level.  Currently the levels are: level 1 = £200; level 2 = £500; level 3 = £1,000; level 4 = £2,500 and level 5 = £5,000.

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