SCHEDULES
SCHEDULE 2

Disclosure of birth records by Registrar General
Section 79(6)
1
On an application made in the prescribed manner by an adopted person—
a
a record of whose birth is kept by the Registrar General, and
b
who has attained the age of 18 years,
the Registrar General must give the applicant any information necessary to enable the applicant to obtain a certified copy of the record of his birth.
“Prescribed” means prescribed by regulations made by the Registrar General with the approval of the Secretary of State.
2
1
Before giving any information to an applicant under paragraph 1, the Registrar General must inform the applicant that counselling services are available to the applicant—
a
from a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)),
b
if the applicant is in England and Wales, at the General Register Office or from any local authority or registered adoption support agency,
c
if the applicant is in Scotland, from any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
d
if the applicant is in Northern Ireland, from any Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I.)).
2
In sub-paragraph (1)(b), “registered adoption support agency” means—
a
in relation to England, an adoption support agency in respect of which a person is registered under Part 2 of the Care Standards Act
2000 (c. 14)
, or
b
in relation to Wales, an adoption support agency registered as an adoption service under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
If the applicant chooses to receive counselling from a person or body within sub-paragraph (1), the Registrar General must send to the person or body the information to which the applicant is entitled under paragraph 1.
3
1
Where an adopted person who is in England and Wales—
a
applies for information under paragraph 1 or Article 54 of the Adoption (Northern Ireland) Order 1987, or
b
is supplied with information under section 55(4)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4),
the persons and bodies mentioned in sub-paragraph (2) must, if asked by the applicant to do so, provide counselling for the applicant.
2
Those persons and bodies are—
a
the Registrar General,
b
any local authority,
c
a registered adoption society, an organisation within section 144(3)(b) or an adoption society which is registered under Article 4 of the Adoption (Northern Ireland) Order 1987.
4
1
Where a person—
a
was adopted before 12th November 1975, and
b
applies for information under paragraph 1,
the Registrar General must not give the information to the applicant unless the applicant has attended an interview with a counsellor arranged by a person or body from whom counselling services are available as mentioned in paragraph 2.
2
Where the Registrar General is prevented by sub-paragraph (1) from giving information to a person who is not living in the United Kingdom, the Registrar General may give the information to any body which—
a
the Registrar General is satisfied is suitable to provide counselling to that person, and
b
has notified the Registrar General that it is prepared to provide such counselling.
Sch. 2 para. 1 in force at 7.12.2004 for specified purposes by S.I. 2004/3203, art. 2(1)(m)(vi)
Sch. 2 para. 1 in force at 30.12.2005 in so far as not already in force by S.I. 2005/2213, art. 2(e) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
Sch. 2 para. 2 in force at 30.12.2005 by S.I. 2005/2213, art. 2(e) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
Sch. 2 para. 3 in force at 30.12.2005 by S.I. 2005/2213, art. 2(e) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
Sch. 2 para. 4 in force at 30.12.2005 by S.I. 2005/2213, art. 2(e) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
Words in Sch. 2 para. 1 substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 2 para. 12(g) (with art. 4)
Words in Sch. 2 para. 3(1)(b) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 6(8)
Sch. 2 para. 2(2) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 22
Words in Sch. 2 para. 2(1)(d) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 20(a)
Sch. 2 para. 2(3) omitted (30.11.2022) by virtue of The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 20(b)