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

Amendment of the National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003

32.—(1) The National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “registered provider” substitute—

““registered provider” means, in relation to a voluntary adoption agency or an adoption support agency, a person who is registered under Part 2 of the Act as the person carrying on the agency;”;

(b) for the definition of “relevant number of staff” substitute—

““relevant number of staff” means—

(a)

in the case of a voluntary adoption agency, seven full-time staff or the equivalent, but does not include the manager or, as the case may be, branch manager, appointed in accordance with the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003(2);

(b)

in the case of an adoption support agency, two full-time staff or the equivalent, but does not include the manager appointed in accordance with the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005(3) or anyone employed solely as a receptionist or administrator;

“small adoption support agency” means an adoption support agency where no more than the relevant number of staff are employed at any one time;”.

(3) After regulation 3 (registration fees) insert—

“3A.— (1) For the purposes of section 12(2) of the Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the Act as the person who carries on an adoption support agency shall, subject to paragraph (2), be £1,320.

(2) Where the adoption support agency is a small adoption support agency the fee shall be £360.

(3) For the purposes of section 12(2) of the Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the Act as the person who manages an adoption support agency other than a small adoption support agency shall be £360.”.

(4) In regulation 4(1) (variation fees), after “registered provider” insert “in relation to a voluntary adoption agency”.

(5) After regulation 4 insert—

“4A.— (1) For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider in relation to an adoption support agency under section 15(1)(a) of the Act (“the variation fee”) shall, subject to paragraphs (2) and (3), be £660.

(2) Where the adoption support agency is a small adoption support agency the fee shall be £360.

(3) In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the variation fee shall be £60, and “minor variation” has the same meaning as in regulation 4(4).”.

(6) In regulation 5 (annual fees – voluntary adoption agencies), after “registered provider” insert “in relation to a voluntary adoption agency”.

(7) After regulation 5 insert—

“Annual fees – adoption support agencies

5A.— (1) The registered provider in relation to an adoption support agency shall pay an annual fee and the amount of the annual fee shall, subject to paragraph (2), be £600.

(2) Where the adoption support agency is a small adoption support agency the amount of the annual fee shall be £300.

(3) The annual fee shall first be payable (“the first date”) on the date on which the certificate of registration is issued, and thereafter shall be payable on the anniversary of the first date.”.

(8) In regulation 7 (frequency of inspections – voluntary adoption agencies), for “for the purposes of an agency” substitute “for the purposes of a voluntary adoption agency”.

(9) After regulation 7 insert—

“Frequency of inspections – adoption support agencies

7A.— (1) The Commission shall arrange for premises which are used for the purposes of an adoption support agency to be inspected a minimum of once in every 3 year period.

(2) Any inspection referred to in paragraph (1) may be unannounced.

(3) The first 3 year period shall commence on the date on which the certificate of registration is issued.”.

(1)

S.I. 2003/368, amended by S.I. 2004/664 and S.I. 2005/640.

(2)

S.I. 2003/367, amended by S.I. 2004/664.

(3)

S.I. 2005/ 2720.