Children and Families Act 2014

7 The Adoption and Children Act Register

(1) The Adoption and Children Act 2002 is amended as follows.

(2) In section 125 (Adoption and Children Act Register)—

(a) in subsection (1)(a), after “children who are suitable for adoption” insert “, children for whom a local authority in England are considering adoption”;

(b) in subsection (3), after “search” insert “(subject to regulations under section 128A)”.

(3) In section 128 (supply of information for the register), in subsection (4)(b), after “children suitable for adoption” insert “or for whom a local authority in England are considering adoption”.

(4) After section 128 insert—

“128A Search and inspection of the register by prospective adopters

(1) Regulations may make provision enabling prospective adopters who are suitable to adopt a child to search and inspect the register, for the purposes of assisting them to find a child for whom they would be appropriate adopters.

(2) Regulations under subsection (1) may make provision enabling prospective adopters to search and inspect only prescribed parts of the register, or prescribed content on the register.

(3) Access to the register for the purpose of searching and inspecting it may be granted on any prescribed terms and conditions.

(4) Regulations may prescribe the steps to be taken by prospective adopters in respect of information received by them as a result of searching or inspecting the register.

(5) Regulations may make provision requiring prospective adopters, in prescribed circumstances, to pay a prescribed fee to the Secretary of State or the registration organisation in respect of searching or inspecting the register.

(6) On the occasion of the first exercise of the power to make regulations under this section—

(a) the statutory instrument containing the regulations is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, and

(b) accordingly section 140(2) does not apply to the instrument.”

(5) In section 129 (disclosure of information), in subsection (2)(a) after “suitable for adoption” insert “or for whom a local authority in England is considering adoption”.

(6) In section 140(7) (power for subordinate legislation to make different provision for different purposes) after “purposes” insert “or areas”.

(7) In section 97 of the Children Act 1989 (privacy for children involved in certain proceedings), after subsection (6) insert—

“(6A) It is not a contravention of this section to—

(a) enter material in the Adoption and Children Act Register (established under section 125 of the Adoption and Children Act 2002), or

(b) permit persons to search and inspect that register pursuant to regulations made under section 128A of that Act.”

(8) Schedule 1 (amendments to the Adoption and Children Act 2002 to provide for the Adoption and Children Act Register not to apply to Wales and Scotland and to remove the requirement to make provision for that register by Order in Council, and other related amendments) has effect.