Part 2

Adoptions with a foreign element

Power to charge
13
After section 91 of the Adoption and Children Act 2002 (c. 38) insert—

Power to charge
91A
1
This section applies to adoptions to which—
a
section 83 applies, or
b
regulations made under section 1 of the Adoption (Intercountry Aspects) Act 1999 apply.
2
The Secretary of State may charge a fee to adopters for services provided or to be provided by him in relation to adoptions to which this section applies.
3
The Assembly may charge a fee to adopters for services provided or to be provided by it as the Central Authority in relation to adoptions to which this section applies by virtue of subsection (1)(b).
4
The Secretary of State and the Assembly may determine the level of fee as he or it sees fit, and may in particular—
a
charge a flat fee or charge different fees in different cases or descriptions of case, and
b
in any case or description of case, waive a fee.
5
But the Secretary of State and the Assembly must each secure that, taking one financial year with another, the income from fees under this section does not exceed the total cost to him or, as the case may be, to it of providing the services in relation to which the fees are imposed.
6
In this section—
- references to adoptions and adopters include prospective adoptions and prospective adopters,
- “Central Authority” is to be construed in accordance with section 2 of the Adoption (Intercountry Aspects) Act 1999,
- “financial year” means a period of twelve months ending with 31st March.
S. 13 in force at 2.4.2007 for specified purposes for W. by S.I. 2007/733, art. 2
S. 13 in force at 28.10.2010 wholly in force for E. and in force for W. in so far as not already in force by S.I. 2010/2612, art. 2