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STATUTORY INSTRUMENTS


2005 No. 3114 (W.234)

SOCIAL CARE, WALES

CHILDREN AND YOUNG PERSONS, WALES

Local Authorities (Prescribed Fees) (Adoptions with a Foreign Element) (Wales) Regulations 2005

  Made 8 November 2005 
  Coming into force 30 December 2005 

The National Assembly for Wales in exercise of the powers conferred upon it by sections 9, 11(2) and (3), 140(7) and (8) and 144(2) of the Adoption and Children Act 2002[1] hereby makes the following Regulations:

Citation, commencement and application
     1. —(1) These Regulations may be cited as the Local Authorities (Prescribed Fees) (Adoptions with a Foreign Element) (Wales) Regulations 2005 and are to come into force on 30 December 2005.

    (2) These Regulations apply only in relation to Wales.

Interpretation
    
2. In these Regulations—

Power to charge for facilities provided in connection with adoptions with a foreign element
     3. —(1) This regulation applies where facilities[4] are provided by a local authority in Wales in connection with—

    (2) Subject to paragraph (5), a local authority may charge a fee to persons referred to in paragraph (3) for providing the facilities referred to in paragraph (4).

    (3) The persons to whom a fee may be charged are—

    (4) The facilities referred to in paragraph (2) are—

    (5) The fee must—

    (6) The local authority, at the reasonable request of the person charged, must provide details of the method by which the fee was calculated.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[7]


D. Elis-Thomas
The Presiding Officer of the National Assembly

8 November 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations enable local authorities to charge for facilities provided in circumstances in which charging would otherwise be prohibited under section 95 of the Adoption and Children Act 2002. The Regulations apply in relation to Wales and come into force on 30 December 2005.

Regulation 3 concerns facilities provided by local authorities in relation to the adoption of children habitually resident outside the British Islands, in accordance with the Adoption Agencies (Wales) Regulations 2005 and the Adoptions with a Foreign Element Regulations 2005. A local authority may charge a fee for providing such facilities to a person who wishes to adopt such a child or to a person who has adopted such a child. The fee must be reasonable and limited to the local authority's costs and expenses incurred in providing the facilities. It must not include any element relating to any review of its qualifying determination regarding the suitability of a prospective adopter to adopt a child.


Notes:

[1] 2002 c. 38.back

[2] S.I.2005/1313 (W.95).back

[3] S.I. 2005/392.back

[4] "Facilities" is to be interpreted in accordance with section 3 of the Act.back

[5] "Convention adoption" is defined by section 66(1)(c) of the Act.back

[6] "Overseas Adoption" is defined by section 87(1) of the Act.back

[7] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 091216 0


 © Crown copyright 2005

Prepared 16 November 2005


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URL: http://www.bailii.org/wales/legis/num_reg/2005/20053114e.html