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The Local Authority Adoption Service (England) Regulations 2003

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PART IGENERAL

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Local Authority Adoption Service Regulations 2003 and shall come into force on 30th April 2003.

(2) These Regulations apply to England only.

(3) In these Regulations—

“adoption service” means the discharge by a local authority of relevant adoption functions within the meaning of section 43(3)(a) of the Care Standards Act 2000(1) and, in relation to a local authority, means the discharge by that authority of those functions;

“children’s guide” means the written guide produced in accordance with regulation 3(1);

“guardian” has the meaning given to it in section 5 of the Children Act 1989(2);

“manager” shall be construed in accordance with regulation 5;

“statement of purpose” means the written statement compiled in accordance with regulation 2(1).

(4) In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.

Statement of purpose

2.—(1) Each local authority shall compile in relation to the adoption service a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.

(2) The authority shall—

(a)provide a copy of the statement of purpose to the Commission(3); and

(b)make a copy of it available, upon request, for inspection by—

(i)any person working for the purposes of the adoption service;

(ii)children who may be adopted, their parents and guardians;

(iii)persons wishing to adopt a child; and

(iv)adopted persons, their parents, natural parents and former guardians.

(3) Subject to paragraph (4), the authority shall ensure that the adoption service is at all times conducted in a manner which is consistent with its statement of purpose.

(4) Nothing in paragraph (3) shall require or authorise the authority to contravene, or not comply with any other provision of these Regulations.

Children’s guide

3.—(1) Each local authority shall produce a written guide to the adoption service (in these Regulations referred to as “the children’s guide”) which shall consist of a statement as to the matters listed in Schedule 2.

(2) The authority shall provide a copy of the children’s guide to—

(a)the Commission;

(b)every prospective adopter with whom the authority has placed a child for adoption; and

(c)every child (subject to his age and understanding), who may be, or has been placed for adoption by the authority.

Review of statement of purpose and children’s guide

4.  Each local authority shall—

(a)keep under review and, where appropriate, revise the statement of purpose and children’s guide; and

(b)notify the Commission of any such revision within 28 days.

(3)

By virtue of section 6(1) of the 2000 Act, the Commission means the National Care Standards Commission established under that Act.

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