The Adoption Agencies (Wales) Regulations 2005

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InterpretationE+W

2. In these Regulations —

“the Act” (“y Ddeddf”) means the Adoption and Children Act 2002;

“the 1989 Act” (“Deddf 1989”) means the Children Act 1989;

[F1“the 2008 Act” means the Human Fertilisation and Embryology Act 2008;]

[F2“the 2014 Regulations” (“Rheoliadau 2014”) means the Representations Procedure (Wales) Regulations 2014;]

“adoption agency” (“asiantaeth fabwysiadu”) has the meaning given in section 2(1) of the Act ;

“adoption panel” (“panel mabwysiadu”) means a panel established in accordance with [F3regulation 4];

“adoption placement plan” (“cynllun lleoliad mabwysiadu”) has the meaning given in regulation 36;

[F2“the Adoption Register for Wales” (“Cofrestr Fabwysiadu Cymru”) means the register containing information about children who are suitable for adoption and prospective adopters who are suitable to adopt a child, which is established under section 60 of the Government of Wales Act 2006 and maintained on behalf of the Welsh Ministers;]

“adoption service” (“gwasanaeth mabwysiadu”) has the meaning given in section 2(1) of the Act;

“adoption support services” (“gwasanaethau cymorth mabwysiadu”) has the meaning given in section 2(6) of the Act and in regulations made under section 2(6)(b) of the Act;

“agency adviser” (“cynghorydd asiantaeth”) has the meaning given in regulation 8;

“CAFCASS” means the Children and Family Court Advisory and Support Service(1);

[F4“care order” (“gorchymyn gofal”) has the meaning given in section 105(1) of the 1989 Act(2);]

“employed” (“cyflogi/cyflogaeth”) in these regulations includes employment under a contract of service or a contract for services, or otherwise than under a contract and whether or not for payment;

[F2“fostering services provider” (“darparwr gwasanaethau maethu”) has the meaning given in regulation 2 of the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018;]

“independent person ” (“person annibynnol”) in relation to an adoption panel has the meaning given in [F5regulation 4(8)];

“independent review panel” (“panel adolygu annibynnol”) means the panel constituted under section 12 of the Act;

“joint adoption panel” (“panel mabwysiadu ar y cyd”) means an adoption panel established in accordance with [F6regulation 4(3)];

[F7“looked after” means—

(a)

looked after (“derbyn gofal”) by a local authority in Wales in accordance with section 74(1) of the Social Services and Well-being (Wales) Act 2014, or

(b)

looked after by a local authority in England in accordance with section 22(1) of the 1989 Act;]

“medical adviser” (“cynghorydd meddygol”) means the person appointed as the medical adviser by the adoption agency in accordance with regulation 9;

“National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“notify” (“hysbysu”) means notify in writing;

“parent” (“rhiant”) means, in relation to a child, any parent who has parental responsibility for the child under the 1989 Act;

“placement plan” (“cynllun lleoliad”) has the meaning given in regulation 36(2);

[F2“preparation for adoption” (“paratoad ar gyfer mabwysiadu”) has the meaning given in regulation 24;]

“proposed placement” (“lleoliad arfaethedig”) has the meaning given in regulation 32(1);

[F2“prospective adopter assessment plan” (“cynllun asesu darpar fabwysiadydd”) has the meaning given in regulation 29;]

[F2“prospective adopter matching plan” (“cynllun paru darpar fabwysiadydd”) has the meaning given in regulation 31;]

[F2“prospective adopter stage one plan” (“cynllun cam un darpar fabwysiadydd”) has the meaning given in regulation 22;]

[F2“prospective adopter’s report” (“adroddiad darpar fabwysiadydd”) has the meaning given in regulation 30(2);]

[F2“prospective adopter’s review report” (“adroddiad adolygu darpar fabwysiadydd”) has the meaning given in regulation 30D(5)(a);]

[F8“qualifying determination” (“dyfarniad o gymhwyster”) has the meaning given in regulation 30B(5)(a);]

“registered adoption society” (“cymdeithas fabwysiadu gofrestredig”) has the meaning given in section 2(2) of the Act;

“registration authority” (“awdurdod cofrestru”) means the National Assembly for Wales(2);

“relevant foreign authority” (“awdurdod tramor perthnasol”) means a person, outside the British Islands performing functions in the country in which the child is, or in which the prospective adopter is habitually resident, which correspond to the functions of an adoption agency or to the functions of the Secretary of State in respect of adoptions with a foreign element;

“section 83 case” (“achos adran 83”) means a case where a person intends to bring, or to cause another to bring, a child into the United Kingdom in circumstances where section 83 of the Act (restrictions on bringing children into the United Kingdom) applies;

“social worker” (“gweithiwr cymdeithasol”) means a person who is registered as a social worker in [F9the register maintained by [F10Social Care Wales under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016], in [F11the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017],] or in a corresponding register maintained under the law of Scotland or Northern Ireland;

[F12“social services functions” (“swyddogaethau gwasanaethau cymdeithasol”) means functions within the meaning of section 143 of and Schedule 2 to the Social Services and Well-being (Wales) Act 2014;]

“Welsh family proceedings officer” (“swyddog achosion teuluol ar gyfer Cymru”) has the meaning given in section 35(4) of the Children Act 2004 (3); and

“working day” (“diwrnod gwaith”) means any day other than a Saturday, Sunday, Christmas day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(4).

Textual Amendments

F1Words in reg. 2(1) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 1(1)(a), Sch. 1 para. 16(2) (with Sch. 4)

F2Words in reg. 2 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 3(a)

F3Words in reg. 2(1) substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(1)(a) (with reg. 3)

F4Words in reg. 2 inserted (1.9.2012) by The Adoption Agencies (Wales) (Amendment) Regulations 2012 (S.I. 2012/1905), regs. 1(2), 3

F5Words in reg. 2(1) substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(1)(b) (with reg. 3)

F6Words in reg. 2(1) substituted (1.4.2014) by The Adoption Agencies (Wales) (Amendment) Regulations 2014 (S.I. 2014/567), regs. 1(2), 2(1)(c) (with reg. 3)

F7Words in reg. 2 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(2)(a)

F8Words in reg. 2 substituted (1.4.2020) by The Adoption Agencies (Wales) (Amendment) Regulations 2020 (S.I. 2020/163), regs. 1(2), 3(b)

F9Words in reg. 2 substituted (1.8.2012) by The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 75(1)

F10Words in reg. 2 substituted (3.4.2017) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/52), reg. 1(2), Sch. 1 para. 11(2)

F11Words in reg. 2 substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 12(2); S.I. 2019/1436, reg. 2(b)