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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Independent Review of Determinations (Adoption) (Wales) Regulations 2006 No. 3100 (W.284) URL: http://www.bailii.org/wales/legis/num_reg/2006/20063100e.html |
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Made | 21 November 2006 | ||
Coming into force | 31 December 2006 |
1. | Title, commencement and application |
2. | Interpretation |
3. | Qualifying determination for the purposes of section 12(2) of the Act |
4. | Constitution of panels |
5. | Membership of panels |
6. | Meetings of panels |
7. | Functions of panel constituted to review a suitability determination |
8. | Functions of panel constituted to review a disclosure determination |
9. | Administration of Panels |
10. | Fees of panel members |
11. | Records |
12. | Application for review of qualifying determination |
13. | Appointment of panel and conduct of review |
14. | Recommendation of panel |
15. | Order for payment of costs |
16. | Amendment of the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005 |
17. | Cases in progress under the Independent Review Regulations 2005 on the appointed day. |
18. | Revocation |
Qualifying determination for the purposes of section 12(2) of the Act
3.
For the purposes of section 12(2) of the Act, a qualifying determination is—
(b) A determination described in regulation 13A(1) of the Disclosure Regulations[7]
Membership of Panels
5.
—(1) The maximum number of people who may be appointed to a panel is five.
(2) A panel must be advised by:
(3) A panel may, where the panel considers it appropriate, be advised by:
(6) A person must not be appointed to a panel if—
Meetings of panels
6. —
The proceedings of a panel will be invalidated unless at least four of its members are present.
Functions of panel constituted to review a suitability determination
7.
—(1) This regulation applies where the qualifying determination being reviewed is a suitability determination.
(2) A panel must —
(3) In considering what recommendation to make, the panel—
Functions of panel constituted to review a disclosure determination
8.
—(1) This regulation applies where the qualifying determination being reviewed is a disclosure determination.
(2) A panel must review the disclosure determination and make to the adoption agency that made the disclosure determination a recommendation as to whether or not the agency should proceed with its original determination.
(3) In considering what recommendation to make, the panel—
Administration of Panels
9.
The panel must be administered by the National Assembly, who must make suitable provision for clerking arrangements to the panel.
Fees of panel members
10.
The National Assembly may pay to any member of a panel such fees as the National Assembly considers to be reasonable.
Records
11.
The National Assembly must ensure that a written record of a panel's review of a qualifying determination, including the reasons for its recommendation and whether the recommendation was unanimous or that of a majority, is retained—
(2) The dated fixed for the review will be no later than 3 months of the receipt of the application by the Assembly.
(3) The National Assembly must ensure that the panel receives all relevant papers relating to the review as soon as possible but no less than 5 working days before the date fixed for the review.
Recommendation of panel
14.
—(1) Where the panel's recommendation is not unanimous the recommendation must be that of the majority.
(2) The recommendation may be made and announced at the end of the review or reserved.
(3) The recommendation and the reasons for it and whether it was unanimous or that of a majority must be recorded without delay in a document signed and dated by the chair.
(4) The National Assembly must without delay and in any event no later than 10 working days after the date on which the recommendation is made send a copy of the recommendation and the reasons for it to the applicant and to the adoption agency which made the qualifying determination.
Order for payment of costs
15.
The panel may make an order for the payment by the adoption agency by which the qualifying determination reviewed was made of such costs as the panel considers reasonable.
Amendment of the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005
16.
—(1) The Access to Information (Post Commencement Adoptions) (Wales) Regulations 2005 are amended in accordance with the following provisions of this regulation.
(2) In regulation 2, at the appropriate place insert—
(3) After regulation 13 (Record of Views) there is to be inserted the following regulation—
(2) The adoption agency must give the relevant person written notification of the determination, which must—
(3) If the adoption agency receives notification from the National Assembly that the relevant person has applied for a review by an independent review panel of the qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the National Assembly—
(4) The adoption agency must not take any action in accordance with its original determination before—
(5) The adoption agency must have regard to any recommendation of the independent review panel in deciding whether to proceed with its original determination.
(6) In paragraph (3)—
(7) In this regulation "the relevant person" is—
Cases in progress under the Independent Review Regulations 2005 on the appointed day
17.
—(1) In relation to any application by a prospective adapter for a review of a qualifying determination made before the appointed day, any action or decision taken before the appointed day under a provision of the Independent Review Regulations 2005 must on or after the appointed day, be treated as if it were an action or decision under the corresponding provision of these Regulations.
(2) In the regulation "appointed day" means 31 December 2006.
Revocation
18.
The Independent Review of Determinations (Adoption) (Wales) Regulations 2005[8] is hereby revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[9].
D. Elis-Thomas
The Presiding Officer of the National Assembly
21 November 2006
[3] Regulation 13A (1) of the Disclosure Regulations specifies the following determinations by the appropriate adoption agency in relation to an application under section 61 of the Act (a) not to proceed with an application from any person for the disclosure of protected information; (b) to disclose information to an applicant when that person has withheld consent to the disclosure of the information; and (c) not to disclose information about a person to the applicant where that person has given consent to the disclosure of information.back
[6] Care Standards Act 2000 Ch 14back
[7] See regulation 16 of these Regulations.back
© Crown copyright 2006