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The Adoption Support Services (Local Authorities) (Wales) Regulations 2005

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Responsibilities of local authorities for out of area placements

15.—(1) Subject to paragraph (2), section 4 of the 2002 Act applies to a local authority in respect of the following persons who are outside the local authority’s area —

(a)an agency adoptive child whom the authority has placed for adoption or who has been adopted after being placed for adoption by the authority;

(b)an adoptive parent of such a child; and

(c)a child of such an adoptive parent.

(2) Section 4 of the 2002 Act ceases to apply in the circumstances mentioned in paragraph (1) at the end of the period of three years from the date of the adoption, except in a case where the local authority is providing financial support and the decision to provide that support was made before the adoption, when regulation 17(9) will apply.

(3) Where —

(a)a local authority (“the placing authority”) has placed a child for adoption;

(b)fewer than three years have elapsed from the date of the adoption;

(c)the placing authority has requested the help of another local authority (“the recovering authority”) pursuant to section 4(10) of the 2002 Act; and

(d)the recovering authority has complied with that request in accordance with section 4(11) of the 2002 Act,

the recovering authority may recover from the placing authority the expenses of providing such help.

(4) Paragraph (3) does not apply where the service provided by the recovering authority is advice and information under section 2(6)(a) of the 2002 Act.

(5) Nothing in this regulation prevents a local authority from providing adoption services to person outside their area where they consider it appropriate to do so.

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