Public Services Reform (Scotland) Act 2010

83 Local authority applications for registration under Chapter 4

(1) A local authority which seeks to provide—

(a) an adoption service mentioned in paragraph 8(1)(a) of schedule 12,

(b) a fostering service mentioned in paragraph 9(a) or (c) of that schedule, or

(c) any other care service if it is a service which the authority determines it must provide in order to fulfil a statutory duty,

must make an application to SCSWIS for registration of the service.

(2) An application must be made in such manner and give such information as may be prescribed and, without prejudice to subsection (1)(b) of section 76, must be accompanied by the fee imposed under subsection (2)(a) of that section.

(3) Where in relation to an application under subsection (1)(c) SCSWIS does not agree with the determination made by the authority, it must so notify the authority and the Scottish Ministers, giving its reason for not so agreeing.

(4) On receiving notification under subsection (3), the Scottish Ministers must state whether or not, in their opinion, the determination of the authority is justified.

(5) If their statement is that the determination is not justified, the application is to be taken to have been duly made not under this section but under section 59 and is to be dealt with accordingly.