The Children Act 1989 Representations Procedure (England) Regulations 2006

PART 2 Representations – specified functions

Specified functions under Parts 4 and 5 of the Act

3.—(1) For the purposes of section 26(3A)(b) of the Act, the functions under Parts 4 and 5 of the Act listed in paragraph (2) are specified functions.

(2) The functions are—

(a) functions under section 31(1) (care and supervision orders);

(b) functions under section 33(3), (4) and (6) to (9) (effect of care order);

(c) functions under section 34(6) and (8) (parental contact etc. with child in care);

(d) functions under section 35(1) and (2) (supervision orders);

(e) functions under section 43(1) (child assessment orders); and

(f) functions under section 44(1), (10) and (11) (orders for emergency protection of children).

Specified functions under the 2002 Act

4.  For the purposes of section 26(3B) of the Act, specified functions under the 2002 Act are—

(a) the provision of adoption support services as prescribed in regulation 3 of the Adoption Support Services Regulations 2005(1) (for the purposes of this regulation, “the 2005 Regulations”). But the provision of services prescribed in regulation 3(1)(b) of the 2005 Regulations is only a specified function under this regulation in so far as it is to enable groups of adoptive children to discuss matters relating to adoption and in this sub-paragraph “adoptive child” has the same meaning given in regulation 2 of the 2005 Regulations;

(b) functions under Parts 4 and 5 of the 2005 Regulations in so far as they relate to the adoption support services referred to in sub-paragraph (a);

(c) functions under sections 18 to 29 (placement of children by adoption agency for adoption) of the 2002 Act;

(d) functions under sections 30 to 35 (removal of children who are or may be placed by adoption agencies) of the 2002 Act;

(e) functions under sections 36 to 40 (removal of children in non-agency cases) of the 2002 Act;

(f) functions under Part 3 (duties of adoption agency where the agency is considering adoption for a child), Part 5 (duties of adoption agency in respect of a proposed placement of child with prospective adopter), Part 6 (placement and reviews), Part 7 (case records) in so far as those functions relate to a child’s case record as defined in regulation 12 of the Adoption Agencies Regulations 2005(2), and regulations 46 and 47 (contact) of the Adoption Agencies Regulations 2005;

(g) functions under regulation 10 (requirements applicable in respect of giving parental responsibility prior to adoption abroad) and Chapter 3 (miscellaneous provisions) of Part 3 (adoptions under the Convention) of the Adoptions with a Foreign Element Regulations 2005(3).

Specified functions under section 14F of the Act

5.  For the purposes of section 26(3C) of the Act, specified functions under section 14F of the Act are—

(a) the provision of special guardianship support services under regulations 3(1)(a), (b)(i) and (c) to (e) of the Special Guardianship Regulations 2005(4); and

(b) functions under Chapter 2 of Part 2 of the Special Guardianship Regulations 2005 in so far as they relate to the special guardianship support services referred to in sub-paragraph (a).

(1)

S.I. 2005/691.

(2)

S.I. 2005/389.

(3)

S.I. 2005/392.

(4)

S.I. 2005/1109.