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Family Law

The leading authority on all aspects of family law

09 OCT 2009

The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009

FRI 09/10/2009 - These Welsh Regulations update references to the Police Act 1997 (c. 50) in provisions contained in various sets of regulations made under the Children Act 1989 (c. 41), the Care Standards Act 2000 (c. 14) and the Adoption and Children Act 2002 (c. 38). The Regulations that are amended relate to child minding, day care, adoption agencies, adoption support agencies, children's homes, fostering agencies, local authority adoption services, residential family centres, adult placement schemes, care homes, domiciliary care agencies, nurses agencies, private and voluntary health care establishments and agencies and private dental services.

The amendments are made in order to reflect changes that have been brought about following amendments that have been made to the Police Act 1997 by the Safeguarding Vulnerable Groups Act 2006 (c. 47). One of the changes is that information as to whether a person is barred from working with vulnerable groups (suitability information) will only be available in prescribed cases where an application for an enhanced criminal record certificate is made. Currently, such information is also available in specified circumstances with a standard criminal record certificate.

The majority of the amendments made in these Regulations relate to provisions that specify the information that must be available where a person intends to carry on, manage or work for the purposes of an agency or establishment in relation to which a person is required to register under Part 2 of the Care Standards Act 2000.

In addition, the Regulations include amendments that relate to provisions in the Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313) which specify the checks that must be made by an adoption agency in respect of a prospective adopter and adult members of the prospective adopter's household and similar provisions in the Fostering Services (Wales) Regulations 2003 (S.I. 2003/237) in relation to checks on prospective foster parents and adult members of their household.

The Regulations come into force on 12 October 2009.

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