- 2(6) and 7: Power to set out what other services are to fall within the definition of “adoption support services”. Duty to exercise this power to make regulations so as to secure that local authorities provide financial support.
- 3: Power to prescribe the persons to who the adoption support services must make arrangements for the provision of such services.
- 4: Power to make regulations for the assessment of needs of listed and prescribed persons for adoption support services.
- 6: Power to direct a society, which has ceased to be registered under part 2 of the Care Standards Act 2002, to make appropriate arrangements for the transfer of its functions relating to children.
- 7: Power to direct an inactive or defunct or ceased to be registered under part 2 of the Care Standards Act 2002 adoption society to take action when it has not made the appropriate arrangements for the transfer of its functions after consultation of the society. Power to charge the authority as a result of its failure to make appropriate arrangements.
- 9 and 10: General power to make regulations in respect of adoption agencies, voluntary adoption agencies and adoption support agencies for any purpose relating to the exercise of their functions, and of the management and general operation of adoption agencies and adoption support agencies. See section 54
- 11: Power to provide for fees.
- 12: Duty to establish and prescribe the functions of a panel for independent review of determinations made by adoption agencies. Power to delegate functions and to make payments in relation to the panel to an organization to perform on its behalf. Power to give general or special directions.
- 13: Power to require adoption agencies and courts to give statistical or general information concerning adoption. Power to prescribe time and form of the information. Power to publish abstracts of the particulars.
- 14: Default powers where a local authority has failed to comply with some of its duties. Power to make an order containing directions to ensure that the duty is complied with within a specified period.
- 15: Power to authorize inspection of premises. Power to require an adoption agency to give information and access to records and computers relating to the discharge of its functions relating to adoption.
- 16: see Care Standards Act 2000.
revoked by Inquiries Act 2005. - 27: Power by regulation to set out the circumstances in which the terms of any order made under section 26 (Contact) may be departed from.
- 44: Power to prescribe the cases and definition a local authority to be the “appropriate local authority” in relation to notices of intention to adoption.
- 45: Power to make regulations prescribing the matters which must be taken into account by an adoption agency in determining the suitability of any persons to adopt a child, or in making any report in respect of the suitability of such persons.
- 53: Power to provide for some listed provisions of the Children Act 1989 to apply with modifications or not to apply in relation to adoption.
- 54: Power under section 9 may be used to oblige adoption agencies in prescribed circumstances to provide prescribed information to prospective adopters.
- 56: Power to make regulations to prescribe the information that an adoption agency must keep in relation to a person’s adoption, the form and the way it should be kept. Power to make regulations for the transfer of information between adoption agencies.
- 57: Power to prescribe by regulations the circumstances where an adoption agency must disclose protected information to someone other than the adopted person.
- 59: Power to make regulations to provide that a registered adoption society which discloses information in contravention with section 57 is guilty of an offence and liable to a fine. See section 14.
- 63: Power to make regulations to: require adoption agencies to make arrangements to secure the provision of counseling to those seeking information in prescribed circumstances; require adoption agencies to provide information about access to counselling services; enable adoption agencies to disclose the information that is needed by counseling agencies to provide the counselling.
- 64: Regulation making powers to provide for the balancing of the rights of the individuals, and the operation of the new duties for adoption agencies and Registrar General under sections 56 to 65.
- section 91A: Power to charge a fee to adopters for services provided or to be provided by the Welsh Ministers as a Central authority under regulations made under section 1 of the Adoption (Intercountry Aspects) Act 1999. Power to determine the amount of the fee which should not exceed to total cost of the service.
- 98: Power to make regulations in connection with adoptions made before the commencement day of sections 56 to 65.
- 99: proceedings under sections 9 and 59 are ordinarily to be brought by the Welsh Ministers or the National Care Standards Commission.
- 142: Power to make any supplementary and consequential provision and any transitory, transitional or saving provision considered as necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act including modifying Schedule 4 or amending or repealing any enactment or instrument.
- 148: Power to commence the following provisions of this Act: Sections 2(6), 3(3) and (4), 4 to 17, 27(3), 53(1) to (3), 54, 56 to 65 and 98, paragraphs 13, 65, 66 and 111 to 113 of Schedule 3 and paragraphs 3 and 5 of Schedule 4. + See shared powers section.
Transitional and transitory provisions and savings. - paragraph 3 of Schedule 4: Power to require by regulations that the facilities provided by local authorities as part of the adoption support services maintained under section 1(1) of the Adoption Act 1976 include such arrangements for the provision of services to prescribed persons. Power to require a local authority on request, to carry out an assessment of needs for adoption support services of a prescribed person, and to decide whether to provide such services, and to prescribe for the circumstances requiring the preparation of a plan in accordance to which the services are to be provided to him, and to review such plans.
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