Adoption and Children Act 2002

Adoption and Children Act 2002

2002 CHAPTER 38

Commentary on Sections

Part 3 -Miscellaneous and Final Provisions

Chapter 1 – Miscellaneous

Section 126: Use of an organisation to establish etc. the register

312. Section 126 deals with delegation of the Secretary of State’s function under section 125.  Subsection (1) enables the Secretary of State to delegate his function of establishing and maintaining the register to an organisation defined by section 131(1)(a) as including either a public body or a private or voluntary organisation. It also enables that organisation to release information entered in or compiled from information entered in the register on the Secretary of State’s behalf. Where the Secretary of State enters into an agreement with an organisation under subsection (1) he may issue general or special directions in respect of the way in which the organisation operates the register (see subsection (3)).  Subsection (2) enables the Secretary of State to make payments to the organisation in respect of this arrangement.

313. Subsection (4) provides that where the Secretary of State delegates his function of establishing and maintaining the register to an organisation under subsection (1) or he issues general or special directions to such an organisation under subsection (3) he must first obtain the agreement of Scottish Ministers, if the Register applies to Scotland, and of the National Assembly for Wales, if the Register applies to Wales. Subsection (5) provides that, where the Secretary of State delegates his function to such an organisation under subsection (1), the references to the registration organisation in the remaining provisions dealing with the register are to that organisation.