The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 2005

Counselling

10.—(1) An intermediary agency must provide written information about the availability of counselling to any person who—

(a) makes an application to it under these Regulations; or

(b) is the subject of such an application and is considering whether to consent to disclosure of information about the subject to the applicant.

(2) The information provided under paragraph (1) must include—

(a) descriptions of persons offering counselling; and

(b) fees that may be charged by such persons.

(3) If a person mentioned in paragraph (1) requests counselling, the intermediary agency must secure the provision of counselling services for that person.

(4) The intermediary agency may provide such counselling services itself or make arrangements with any of the following persons for the provision of counselling—

(a) if the person is in Wales or England, another adoption agency or registered adoption support agency;

(b) if the person is in Scotland, a Scottish adoption agency;

(c) if the person is in Northern Ireland, an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987(1) or from any Board;

(d) if the person is outside the United Kingdom, any person or body outside the United Kingdom who appears to the agency to correspond in its functions to a body mentioned in paragraphs (a) to (c).

(5) In this regulation—

“Board” means a Health and Social Services Board established under Article 16 of the Health and Social Services (Northern Ireland) Order 1972(2) or where the functions of a board are exercisable by a Health and Social Services Trust, that Trust.

(6) Where the only counselling services available to a subject are services for which a fee is payable and the subject chooses not to take them up, the intermediary agency must nevertheless provide support and assistance to the subject in deciding whether to consent to the disclosure of information.

(1)

S.I. 1987/2203 (N.I. 22).

(2)

S.I. 1972/1265 (N.I. 14).