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PART III |
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MISCELLANEOUS AND FINAL PROVISIONS |
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CHAPTER I |
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MISCELLANEOUS |
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National Adoption Register |
| National Adoption Register. |
96. - (1) The Secretary of State may establish and maintain a register, to be known as the National Adoption Register, containing-
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(a) prescribed information about children who are suitable for adoption and prospective adopters who are suitable to adopt a child, |
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(b) prescribed information about persons included in the register in pursuance of paragraph (a) in respect of things occurring after their inclusion. |
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(2) Prescribed information entered in the register may be given-
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(a) where an adoption agency is acting on behalf of a child who is suitable for adoption, to the agency to assist in finding prospective adopters with whom it would be appropriate for the child to be placed, |
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(b) where an adoption agency is acting on behalf of prospective adopters who are suitable to adopt a child, to the agency to assist in finding a child appropriate for adoption by them. |
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(3) Prescribed information entered in the register, or compiled from information entered in the register, may be given to any prescribed person for use for statistical or research purposes, or for other prescribed purposes.
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(4) The register is not to be open to public inspection or search.
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(5) Regulations may-
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(a) make provision about the retention of information in the register, |
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(b) prescribe the steps to be taken by local authorities in respect of information received by them under subsection (2). |
| Use of an organisation to establish etc. the register. |
97. - (1) The Secretary of State may make an arrangement with an organisation under which his function of establishing and maintaining the register, and giving information entered in, or compiled from information entered in, the register to any person is performed wholly or partly by the organisation on his behalf.
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(2) If the Secretary of State makes an arrangement under this section with an organisation, the organisation is to perform its functions in respect of the register in accordance with any general or special directions given by the Secretary of State.
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(3) The arrangement may include provision for payments to be made to the organisation by the Secretary of State.
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(4) In this section, "organisation" includes a public body and a private or voluntary organisation.
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(5) References in sections 98 to 100 to the registration authority are to any organisation for the time being performing functions in pursuance of arrangements under this section.
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| Supply of information to the registration authority. |
98. - (1) Regulations may require adoption agencies to give prescribed information to the Secretary of State or the registration authority for entry in the register.
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(2) Information is to be given to the Secretary of State or the registration authority when required by regulations and in the prescribed form and manner.
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(3) But an adoption agency is not to give any information to the Secretary of State or the registration authority-
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(a) about prospective adopters who are suitable to adopt a child, or persons who were included in the register as such prospective adopters, without their consent, |
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(b) about children suitable for adoption, or persons who were included in the register as such children, without the consent of the prescribed person. |
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(4) Consent under subsection (3) is to be given in the prescribed form.
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| Disclosure of information. |
99. - (1) Information entered in the register, or compiled from information entered in the register, may only be given to a person-
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(a) by the Secretary of State or the registration authority, and |
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(b) under section 96(2) or (3). |
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(2) Subsection (1) does not apply-
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(a) to any information given with the authority of the Secretary of State, or |
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(b) to any prescribed information given to the Assembly. |
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(3) Information given to any person under section 96(2) or (3) may be given on any prescribed terms or conditions.
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(4) Regulations may require a prescribed fee to be paid to the Secretary of State or the registration authority in respect of information so given.
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(5) If any information entered in the register is given to a person in contravention of this section, the person giving it is guilty of an offence.
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(6) A person guilty of an offence under subsection (5) is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
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| Supplementary. |
100. - (1) For the purposes of sections 96 to 99-
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(a) "prescribed" means prescribed by regulations, and "regulations" means regulations made by the Secretary of State, |
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(b) a child is suitable for adoption if an adoption agency is satisfied that the child ought to be placed for adoption, |
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(c) prospective adopters are suitable to adopt a child if an adoption agency is satisfied that they are suitable to have a child placed with them for adoption. |
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(2) The functions of the Secretary of State of making regulations for the purposes of sections 96 and 97, and his other functions under those sections (except so far as they are exercisable by the registration authority), are exercisable by him after consultation with the Assembly.
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(3) Nothing authorised or required to be done by virtue of those sections constitutes an offence under sections 76 to 78.
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Amendments, etc. |
| Amendments, transitional provisions, savings and repeals. |
101. - (1) Schedule 2 (minor and consequential amendments) is to have effect.
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(2) Schedule 3 (transitional provisions and savings) is to have effect.
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(3) The enactments set out in Schedule 4 are repealed to the extent specified.
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