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The Adoption Agencies (Wales) (Amendment) Regulations 2012

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Transitional provision

9.—(1) This regulation applies where —

(a)an adoption agency have referred a case to the adoption panel prior to the coming into force of these Regulations, and

(b)the case falls within regulation 17(2) of the Principal Regulations.

(2) In a case where the information and reports referred to in regulation 17(2D) of the Principal Regulations were sent to the adoption panel but the adoption panel has not met to consider the case prior to the coming into force of these Regulations, the adoption agency must withdraw the information and reports from the panel and proceed to make a decision in accordance with regulation 19(1A) of the Principal Regulations.

(3) In a case where the information and reports referred to in regulation 17(2D) of the Principal Regulations were sent to the adoption panel and the panel met to consider the case prior to the coming into force of these Regulations, and —

(a)has decided what recommendation to make but has not communicated that recommendation to the adoption agency, or

(b)is awaiting further information from the adoption agency pursuant to regulation 18(2)(b) of the Principal Regulations, or legal advice pursuant to regulation 18(2)(c) of the Principal Regulations,

the adoption panel must proceed to make its recommendation pursuant to regulation 18 of the Principal Regulations, and the adoption agency must take that recommendation into account pursuant to regulation 19(1) of the Principal Regulations, as if these Regulations had not been made.

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