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The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005

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Adoption case records (adoption support agencies that were formerly adoption agencies)

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15.—(1) This regulation applies where an adoption support agency holds pre-commencement case records by virtue of regulation 16(2A) of the 1983 Regulations (transfer of case records).

(2) The provisions of the 1983 Regulations that relate to the retention, storage, transfer and disclosure of information in relation to the adoption of a person adopted before 30th December 2005 shall apply to the pre-commencement case records held by an adoption support agency as they apply to the case records of an adoption agency.

(3) In this regulation—

“the 1983 Regulations” means the Adoption Agencies Regulations 1983(1);

“adoption agency” has the same meaning as in section 1(4) of the Adoption Act 1976(2); and

“pre-commencement case records” means case records for any adoption before 30th December 2005.

(1)

S.I. 1983/1964; relevant amending instruments are S.I. 1997/649, 1997/2308, 2002/3220, 2003/367 and 2005/774. Regulation 16(2A) is inserted by regulation 35 of these Regulations.

(2)

1976 c. 36. Section 1(4) was amended by paragraph 5(2) of Schedule 4 to the Care Standards Act 2000, is to be repealed by Schedule 5 to the Adoption and Children Act 2002 and will be subject to savings.

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