UK Offence Report

The Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005

UK Statutory Instrument 2005 No. 888 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
22 March 2005
In force from
30 December 2005
Extent
Not stated
Subject
Education, social security, pensions and public services
Made under
Adoption and Children Act 2002

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations prescribe certain matters for the purposes of the regime set out in sections 56 to 65 of the Adoption and Children Act 2002 (“the Act”). The regime provides for adoption agencies to keep information about each adoption and to deal with applications for disclosure of such information. The regime will apply in relation to persons adopted on or after 30th December 2005. In relation to persons adopted before that day, the Adoption Agencies Regulations 1983 (S.I. 1983/1964) will continue to have effect. Part 2 provides for the keeping of information in relation to persons adopted on or after 30th December 2005. Regulation 4 prescribes the information that must be kept (“section 56 information”). Part 2 also deals with storage and transfer of section 56 information. Regulation 6 requires that section 56 information be kept for at least 100 years from the date of the adoption order. Part 3 makes general provision for the disclosure of section 56 information and protected information (which is defined in section 57(3) of the Act). Under regulation 8 an adoption agency may disclose section 56 information that is not protected information as necessary for the purpose of its functions or for research. It may also disclose any section 56 information, including protected information, to persons providing services in relation to its functions under section 61 or 62 of the Act (for example a registered adoption support agency carrying out enquiries on its behalf). Regulation 9 provides for disclosure of information to specified persons including persons holding inquiries, the Commission for Social Care Inspection and the Secretary of State. Regulation 10 requires a written record to be kept of any disclosure. Regulation 11 prescribes the requirements for an agreement under section 57(5) of the Act. Part 4 relates to applications for disclosure of protected information under section 61 (information about adults) and 62 (information about children). Regulations 12 to 14 deal with procedural matters in relation to such applications. Regulation 15 makes provision for independent review of certain decisions of the adoption agency in relation to applications under section 61. Part 5 makes provision for counselling. Regulation 16 requires adoption agencies to provide information about availability of counselling for persons seeking information about an adoption or persons about whom information is being sought. Regulation 17 requires adoption agencies to secure counselling where requested by persons seeking information. Part 6 relates to the Registrar General. Adopted adults have a right under section 60 of the Act to request information about their birth records. They must first approach the appropriate adoption agency, which then requests the information from the Registrar General (who is obliged to provide it by virtue of section 79(5) of the Act). Regulation 19 requires the appropriate adoption agency to seek that information and prescribes the manner of the application for it. Regulation 20 requires the Registrar General to disclose information to any person that may assist the person in making contact with the adoption agency that holds the records of his adoption. Regulation 20 also requires the Registrar General to disclose information from the Adoption Contact Register where requested by the appropriate adoption agency in connection with an application under section 60, 61 or 62. Part 6 deals with miscellaneous matters. It creates an offence of disclosing information in contravention of section 57 of the Act. Regulation 22 prescribes fees that may be charged by adoption agencies in relation to disclosure of information and counselling. A Regulatory Impact Assessment has been carried out for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department for Education and Skills' website http://www.dfes.gov.uk/ria/.

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