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Statutory Instruments

2018 No. 993

Children And Young Persons, England

The Adoption and Children Act Register (Search and Inspection) (Amendment) Regulations 2018

Made

10th September 2018

Laid before Parliament

12th September 2018

Coming into force

4th October 2018

The Secretary of State, in exercise of the powers conferred by section 128A(1) and (2) of the Adoption and Children Act 2002(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Adoption and Children Act Register (Search and Inspection) (Amendment) Regulations 2018 and come into force on 4th October 2018.

Amendment of the Adoption and Children Act Register (Search and Inspection) Regulations 2017

2.—(1) The Adoption and Children Act Register (Search and Inspection) Regulations 2017(2) are amended as follows.

(2) In regulation 4(5)—

(a)at the end of sub-paragraph (j) omit “and”;

(b)at the end insert—

(l)C’s first name;

(m)details of any geographical considerations in relation to C’s placement; and

(n)C’s health history including C’s family health history where available..

Nadhim Zahawi

Parliamentary Under Secretary of State

Department for Education

10th September 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations come into force on 4th October 2018 and amend the Adoption and Children Act Register (Search and Inspection) Regulations 2017 (‘the 2017 Regulations’).

Regulation 2 amends regulation 4 of the 2017 Regulations which provides for the search and inspection of the register by a prospective adopter (“P”) who has undertaken to comply with provisions relating to the protection of information received as a result of searching or inspecting the register and who has not previously breached the provisions. In all circumstances, P may search and inspect the information specified in regulation 4(5). Regulation 2 of these Regulations amends regulation 4(5) to prescribe three additional pieces of information that the Secretary of State must make available and that P may search and inspect. Those additional pieces of information are the child’s (“C”) first name, details of any geographical considerations relating to C’s placement and C’s health history, including C’s family history where available.

An impact assessment has not been produced for this instrument as it has a minimal impact on businesses and civil society organisations. The instrument has no impact on the public sector.

(1)

2002 c. 38. Section 128A was inserted by section 7(4) of the Children and Families Act 2014 (c. 6). See section 144(1) for the definition of “regulations” and section 131(1)(b) for the definition of “prescribed”.