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The Adoption Support Agencies (England) (Amendment) Regulations 2010
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- 2010 No. 465
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations provide for an exception from the definition of an adoption support agency in section 8 of the Adoption and Children Act 2002 (‘the 2002 Act’).
It is an offence for any person who carries on an adoption support agency to fail to register in respect of such an agency under Part 2 of the Care Standards Act 2000. Regulation 2 of these Regulations amends the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 to provide that an undertaking is not an adoption support agency if that undertaking is carried on by an individual who only provides adoption support services (otherwise than in a partnership with others) under a contract for services with a registered adoption support agency or an adoption agency (i.e. a local authority or a registered adoption society). A person who falls within that exception will not be required to register in respect of the provision of adoption support services.
Section 3(4) of the 2002 Act permits a local authority to make arrangements for others to provide various facilities on behalf of the authority and regulation 3 of these Regulations amends the Adoption Support Services Regulations 2005 to prescribe for the purposes of section 3(4) of the 2002 Act an individual falling within the exception made by virtue of regulation 2.
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