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The Adoption (Northern Ireland) Order 1987

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This is the original version (as it was originally made).

Procedure and right of appeal where registration refused or cancelled

6.—(1) Where the Department proposes (otherwise than in a case where it has already complied with this paragraph and, where appropriate, paragraph (2))—

(a)to refuse an application under Article 4 for registration of a body as an adoption society, or

(b)to cancel the registration of an adoption society under Article 5,

the Department shall serve on the body or, as the case may be, the society a notice—

(i)setting out the reasons why the Department proposes to refuse the application or, as the case may be, to cancel the registration;

(ii)informing the body or society that it may make representations in writing to the Department within 28 days of the date of service of the notice.

(2) If any representations are made by the body or society in accordance with paragraph (1)(ii), the Department shall give further consideration to the application or, as the case may be, the cancellation of the registration, taking into account those representations.

(3) If the Department, after complying with paragraph (1) and, where appropriate, paragraph (2), decides to refuse the application for registration or to cancel the registration, as the case may be, it shall give to the body or society notice of its decision.

(4) Any body aggrieved by the refusal of an application for registration, or any adoption society aggrieved by the cancellation of its registration, by the Department, may appeal to an Appeal Tribunal constituted in accordance with Schedule 1 and that Tribunal may determine any such appeal; and the Tribunal’s determination shall be final and conclusive.

(5) An appeal under this Article shall be brought by notice served on the Department requiring it to refer the refusal or cancellation to an Appeal Tribunal.

(6) The Department shall pay to any member of an Appeal Tribunal such remuneration, if any, and such travelling or other allowances as may be approved by the Department of Finance and Personnel.

(7) An Appeal Tribunal may by summons require any person to attend, at such time and place as is set forth in the summons, to give evidence or to produce any documents or articles in his custody or under his control which relate to any appeal or other matter pending before the Tribunal, and may hear, receive and examine evidence on oath and for that purpose may administer oaths, or may, instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined; and the Tribunal may also exercise the powers conferred by Schedule 1.

(8) Every person who refuses or wilfully neglects to attend in obedience to a summons issued under paragraph (7), or to give evidence, or who wilfully alters, suppresses, cancels, destroys or refuses to produce any document or article which he may be required to produce by virtue of that paragraph, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

(9) Any person entitled to appeal to an Appeal Tribunal may appear and be heard on any such appeal either in person or by counsel or solicitor.

(10) Where the registration of an adoption society is cancelled or its re-registration on the expiry of a period of registration is refused by the Department, the adoption society shall, for the purposes of this Order, be deemed to be registered under this Order during the period within which an appeal against the cancellation or refusal may be brought under this Article, and, if such an appeal is brought, until the determination or abandonment of the appeal.

(11) For the purposes of paragraph (10), regulations may prescribe when an appeal is to be treated as abandoned.

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