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Adoption and Children (Scotland) Act 2007

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This is the original version (as it was originally enacted).

4Local authority plans
This section has no associated Explanatory Notes

(1)Before the expiry of such period as the Scottish Ministers may direct, each local authority must prepare and publish a plan for the provision of the adoption service which it is required by section 1(1) to continue to provide, or to provide, in its area.

(2)Each local authority—

(a)must from time to time review the plan published by it under subsection (1), and

(b)may, having regard to any such review, prepare and publish—

(i)modifications of the plan, or

(ii)a plan in substitution for the plan.

(3)In preparing a plan, or carrying out a review, under this section a local authority must consult—

(a)each Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29) which provides services under that Act in the area of the local authority,

(b)such voluntary organisations as appear to the authority to represent the interests of persons who use, or are likely to use, the adoption service in that area,

(c)such voluntary organisations as appear to the authority to provide services in that area which, were they to be provided by the authority, might be an adoption service, and

(d)such other persons as may be prescribed by regulations made by the Scottish Ministers.

(4)A local authority may incorporate a plan published under subsection (1) in any plan published by the authority under section 19(1) of the 1995 Act (local authority plans for services for children).

(5)Where a local authority incorporates a plan as mentioned in subsection (4), it need not separately publish a plan under subsection (1).

(6)Subsections (2) and (5) apply to a plan modified or substituted under subsection (2) as they apply to a plan published under subsection (1).

(7)The Scottish Ministers may give a local authority directions as to the carrying out of its functions under subsection (2).

(8)The Scottish Ministers may vary or revoke any direction given under subsection (7).

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