Birth Information and Tracing Act 2022

Agency or the Authority to facilitate contact between parties or to share information between parties

35. (1) Where a person (“requester”) has made an application in accordance with section 32 (2) for the tracing of a person (“specified person”), and the Agency or the Authority locates the specified person, it shall take all reasonable steps to ascertain from the specified person, insofar as is practicable, and as relevant to the application, whether or not—

(a) he or she is willing to have contact with the requester,

(b) he or she is willing to provide such information as is requested by the requester, or

(c) he or she is willing to accept such information as is provided by the requester.

(2) Where the Agency or Authority ascertains under subsection (1) that a specified person is not willing to do any of the things referred to in paragraph (a), (b) or (c) of that subsection, the Agency or the Authority shall inform the requester of that fact.

(3) Where a specified person, pursuant to subsection (1), informs the Agency or the Authority that he or she is willing to have contact with the requester, the Agency or the Authority shall take such action as it considers appropriate to facilitate such contact.

(4) Where a specified person, pursuant to subsection (1) informs the Agency or the Authority that he or she is willing to provide the requested information, or accept the information provided by the requester, the Agency or the Authority shall take such action as it considers appropriate to facilitate the transfer of information between the requester and the specified person.