Search Legislation

The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 3Establishments and agencies — children

Amendment to the Adoption Agencies (Wales) Regulations 2005

4.—(1) The Adoption Agencies (Wales) Regulations 2005(1) are amended as follows.

(2) For paragraph (1) of regulation 23 (requirement to carry out police checks) substitute—

(1) In respect of the prospective adopter and any other member of the prospective adopter’s household who is aged 18 or over, an adoption agency must obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act)..

Amendment to the Adoption Support Agencies (Wales) Regulations 2005

5.—(1) The Adoption Support Agencies (Wales) Regulations 2005(2) are amended as follows.

(2) For paragraph 2 of Schedule 2 (information required in respect of the responsible individual or persons seeking to manage or work for the purposes of an agency) substitute—

2.  Either—

(a)where the certificate is required for a purpose related to registration under Part 2 of the 2000 Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act) in respect of which less than 3 years have elapsed since it was issued; or

(b)in any other case, a criminal record certificate issued under section 113A of the Police Act 1997 in respect of which less than 3 years have elapsed since it was issued..

Amendments to the Children’s Homes (Wales) Regulations 2002

6.—(1) The Children’s Homes (Wales) Regulations 2002(3) are amended as follows.

(2) In regulation 6 (fitness of registered provider)—

(a)for paragraph (3) (c) substitute—

(c)full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each of the matters specified in paragraphs 1 to 5 and 6 of Schedule 2.;

(b)omit paragraph (4) .

(3) In regulation 8 (fitness of manager)—

(a)for paragraph (2) (c) substitute—

(c)full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2.

(b)for paragraph (2E)(4) substitute—

(2E) A person is not fit to manage a children’s home unless he or she is registered as a manager with the Care Council for Wales. ;

(c)omit paragraph (3).

(4) In regulation 26 (fitness of workers)—

(a)for paragraph (2) (d) substitute—

(d)subject to paragraph (2G), full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each matter specified in paragraphs 1 to 6 of Schedule 2

(b)in paragraph (4) (b), for the words “unless paragraph (5) applies” substitute “unless paragraph (5) or (5A) applies.”;

(c)for paragraph (5) (b) substitute—

(b)full and satisfactory information in relation to that person has been obtained in respect of the matters specified in paragraphs 1 and 2 of Schedule 2. .

(5) In Schedule 2 (information required in respect of persons seeking to carry on, manage or work at a children’s home)—

(a)for paragraph 2 substitute—

2.  Either—

(a)where the certificate is required for a purpose related to registration under Part 2 of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act) and, where applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act) in respect of which less than three years have elapsed since it was issued ; or

(b)in any other case, a standard criminal record certificate issued under section 113A of the Police Act 1997 in respect of which less than three years have elapsed since it was issued. ;

(b)omit paragraphs 7 and 8.

Amendments to the Fostering Services (Wales) Regulations 2003

7.—(1) The Fostering Services (Wales) Regulations 2003(5) are amended as follows.

(2) For paragraph 2 of Schedule 1 (information required in respect of persons seeking to carry on, manage or work for the purposes of a fostering service) substitute—

2.  Either —

(a)where the certificate is required for a purpose related to registration under Part 2 of the 2000 Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act); or

(b)in any other case, a criminal record certificate issued under section 113A of the Police Act 1997. .

(3) For paragraph 13 of Schedule 3 (information as to prospective foster parent and other members of the prospective foster parent’s household and family) substitute—

13.  In respect of the prospective foster parent and any other member of the prospective foster parent’s household who is aged 18 or over, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act). .

Amendment to the Local Authority Adoption Service (Wales) Regulations 2007

8.—(1) The Local Authority Adoption Service (Wales) Regulations 2007(6) are amended as follows.

(2) For paragraph 2 of Schedule 3 (information required in respect of persons seeking to manage or work for the purposes of the adoption service) substitute—

2.  Either—

(a)where the certificate is required for a position that falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act) in respect of which less than three years has elapsed since it was issued; or

(b)in any other case, a criminal record certificate issued under section 113A of the Police Act 1997 in respect of which less than three years has elapsed since it was issued. .

Amendments to the Residential Family Centres (Wales) Regulations 2003

9.—(1) The Residential Family Centres (Wales) Regulations 2003(7) are amended as follows.

(2) In regulation 5 (fitness of registered provider)—

(a)for paragraph (3) (c) substitute—

(c)full and satisfactory information and documentation, as the case may be, is available in relation to the individual in respect of each matter specified in paragraphs 1 to 6 of Schedule 2 ;

(b)omit paragraph (4) .

(3) In regulation 7 (fitness of manager)—

(a)For paragraph (2) (c) substitute—

(c)full and satisfactory information and documentation, as the case may be, is available in relation to the person in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2.

(b)omit paragraph (3).

(4) In Schedule 2 (information required in respect of persons seeking to carry on, manage or work at a residential family centre) —

(a)for paragraph 2 substitute—

2.  Either—

(a)where the certificate is required for a purpose related to registration under Part 2 of the 2000 Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002, an enhanced criminal record certificate issued under section 113B of the Police Act 1997 which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act) and, where applicable, suitability information relating to vulnerable adults (within the meaning of section 113BB(2) of that Act); or

(b)in any other case, a criminal record certificate issued under section 113A of the Police Act 1997. ;

(b)omit paragraph 7.

(3)

S.I. 2002/327 (W.40). Relevant amending instruments are S.I. 2002/2622 (W.254), S.I. 2004/2414 (W.222) and S.I. 2007/311 (W.28).

(4)

Paragraph (2E) of regulation 8 was inserted by S.I. 2007/311 (W.28).

(5)

S.I. 2003/237 (W.35).

(7)

S.I. 2003/781 (W.92).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources