3 Approval of adoption societies.E+W
[F1(1)Subject to regulations under section 9(1), a body [F2which is a voluntary organisation and desires] to act as an adoption society or, if it is already an adoption society, [F3desires] to continue to act as such may, in the manner specified by regulations made by the Secretary of State, apply to the Secretary of State for his approval to its doing so.
(2)On an application under subsection (1), the Secretary of State shall take into account the matters relating to the applicant specified in subsections (3) to (5) and any other relevant considerations, and if, but only if, he is satisfied that the applicant is likely to make, or, if the applicant is an approved adoption society, is making, an effective contribution to the Adoption Service he shall by notice to the applicant give his approval, which shall be operative from a date specified in the notice or, in the case of a renewal of approval, from the date of the notice.
(3)In considering the application, the Secretary of State shall have regard, in relation to the period for which approval is sought, to the following—
(a)the applicant’s adoption programme, including, in particular, its ability to make provision for children who are free for adoption,
(b)the number and qualifications of its staff,
(c)its financial resources, and
(d)the organisation and control of its operations.
(4)Where it appears to the Secretary of State that the applicant is likely to operate extensively within the area of a particular local authority he shall ask the authority whether they support the application, and shall take account of any views about it put to him by the authority.
(5)Where the applicant is already an approved adoption society or, whether before or after the passing of this Act, previously acted as an adoption society, the Secretary of State, in considering the application, shall also have regard to the record and reputation of the applicant in the adoption field, and the areas within which and the scale on which it is currently operating or has operated in the past.
(6)If after considering the application the Secretary of State is not satisfied that the applicant is likely to make or, as the case may be, is making an effective contribution to the Adoption Service, the Secretary of State shall, subject to section 5(1) and (2), by notice inform the applicant that its application is refused.
(7)If not withdrawn earlier under section 4, approval given under this section shall last for a period of three years from the date on which it becomes operative, and shall then expire or, in the case of an approved adoption society whose further application for approval is pending at that time, shall expire on the date that application is granted or, as the case may be, refused.]
Textual Amendments
F1S. 3 repealed (30.1.2003 for W., 30.4.2003 in so far as not already in force) by Care Standards Act 2000 (c. 14), s. 122, Sch. 6 (with Sch. 5 para. 2); S.I. 2003/152, art. 2(1)(e)(ii) (with art. 3); S.I. 2003/365, art. 3(5)(c)
F2Words substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 29
F3Word substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 29
Modifications etc. (not altering text)
C1 S. 3: transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1