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The Adoption Support Services and Allowances (Scotland) Regulations 2009

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Notice of proposal to provide adoption support services

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8.—(1) Before making a decision under section 9(2) or 49(3) of the Act as to whether to provide adoption support services, the local authority must allow the person an opportunity to make representations in accordance with this regulation.

(2) The local authority must first give the person notice of the proposed decision and the time allowed for making representations, which must be no less than 2 weeks from the notice of the proposed decision.

(3) The notice must contain the following information–

(a)a statement as to the person’s needs for adoption support services;

(b)where the assessment or reassessment relates to the person’s need for an adoption allowance, the basis upon which that allowance is determined;

(c)whether the local authority propose to provide the person with adoption support services;

(d)the services (if any) that are proposed to be provided to the person;

(e)if an adoption allowance is to be paid to the person, the proposed amount that would be payable; and

(f)any proposed conditions under regulation 15 (conditions for payment of adoption allowances).

(4) In a case where the local authority propose to provide adoption support services and are required to prepare an adoption support plan under section 45(2) of the Act, the notice must be accompanied by a draft of that plan prepared in accordance with section 45(3) of the Act.

(5) The local authority must not make a decision until–

(a)the person has made representations to the local authority or notified the local authority that they are satisfied with the proposed decision and, where applicable, the draft plan; or

(b)the period of time for making representations has expired.

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