Amendment of the Adoptions with a Foreign Element Regulations 2005

6.  The Adoptions with a Foreign Element Regulations 2005(1) are amended as follows—

(a) in regulation 18(2) (procedure following decision as to suitability to adopt)—

(i) omit paragraph (b);

(ii) at the end of paragraph (d) omit “and”; and

(iii) after paragraph (d) insert—

“(da) if the prospective adopter applied to the appropriate Minister(2) for a review under section 12 of the Adoption and Children Act 2002, the record of the proceedings of the panel, its recommendation and the reasons for its recommendation; and”;

(b) for regulation 26 (prospective adopter unable to proceed with adoption) substitute—

“26.— (1) Where the prospective adopter gives notice to the relevant local authority that he does not wish to proceed with the adoption and no longer wishes to give the child a home, he must return the child to that authority not later than the end of the period of seven days beginning with the date on which notice was given.

(2) Where a relevant local authority have received a notice in accordance with paragraph (1), that authority must give notice to the relevant Central Authority of the decision of the prospective adopter not to proceed with the adoption.”; and

(c) in regulation 59 (offences) for paragraphs (a) to (c) substitute—

“(a) regulation 24 (requirements in respect of prospective adopter following child’s entry into the United Kingdom);

(b) regulation 26(1) (return of child to relevant local authority where prospective adopter does not wish to proceed);

(c) regulation 27(1)(b) (return of child to relevant local authority on request of local authority or by order of court); or

(d) regulation 33 (refusal of a court in England or Wales to make a Convention adoption order).”.

(1)

S.I. 2005/392.

(2)

“Appropriate Minister” is defined in section 144(1) of the Adoption and Children Act 2002 (c. 38).