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Adoption (Scotland) Act 1978

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Adoption societiesS

3 Approval of adoption societies.S

[F1(1)Subject to any regulations made under section 9(1), a body which is a voluntary organisation may apply to the Secretary of State for his approval to its acting, or as the case may be continuing to act, as an adoption society, whether functioning generally or in relation to some service maintained, or to be maintained, as part of the Scottish Adoption Service and specified in the application (the service so specified being in this section and in section 4 referred to as the body’s “specified service”).

(1A)Application under subsection (1) shall be in such manner as may be specified in regulations made by the Secretary of State under this section.

(2)In considering 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 matters which appear to him to be relevant; and if, but only if, he is satisfied that, as the case may be, the applicant is likely to make, or is making, an effective contribution to the Scottish Adoption Service or to the applicant’s specified service, he shall by notice to the applicant give the approval sought.

(2A)Approval under subsection (2) shall operate from such date as may be 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 F2. . .,

[F3(aa)the procedures in accordance with which the applicant deals with, or as the case may be proposes to deal with, complaints arising in relation to its exercise of its functions and, where the applicant is already an approved adoption society, the manner in which it deals with particular complaints,]

(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 [F4geographical areas within which, the services as respects 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 Scottish Adoption Service [F5, or as the case may be to the applicant’s specified 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 [F6such period not exceeding] three years from the date on which it becomes operative [F7as the Secretary of State may specify in the approval], 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.

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Amendments (Textual)

F1S. 3(1)-(2A) substituted for s. 3(1)(2) (12.12.1996 for specified purposes and 1.4.1997 for all other purposes) by 1995 c. 36, s. 94(1)(a) (with s. 103(1)); S.I. 1996/3201, art. 3(1)(7) (as amended by S.I. 1997/744, arts. 2, 3)

F2Words in s. 3(3)(a) ceased to have effect (12.12.1996 for specified purposes and 1.4.1997 for all other purposes) by 1995 c. 36, s. 94(1)(b) and repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(1)(7) (as amended by S.I. 1997/744, arts. 2, 3)

F3S. 3(3)(aa) inserted (12.12.1996 for specified purposes and 1.4.1997 for all other purposes) by 1995 c. 36, s. 98(1), Sch. 2 para. 3 (with s. 103(1)); S.I. 1996/3201, art. 3(2)(7) (as amended by S.I. 1997/744, arts. 2, 3)

F4Words in s. 3(5) substituted (12.12.1996 for specified purposes and 1.4.1997 for all other purposes) by 1995 c. 36, s. 94(1)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(1)(7) (as amended by S.I. 1997/744, arts. 2, 3)

F5Words in s. 3(6) inserted (12.12.1996 for specified purposes and 1.4.1997 for all other purposes) by 1995 c. 36, s. 94(1)(d) (with s. 103(1)); S.I. 1996/3201, art. 3(1)(7) (as amended by S.I. 1997/744, arts. 2, 3)

F6Words in s. 3(7) substituted (12.12.1996 for specified purposes and 1.4.1997 for all other purposes) by 1995 c. 36, s. 94(1)(e)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(1)(7) (as amended by S.I. 1997/744, arts. 2, 3)

F7Words in s. 3(7) inserted (12.12.1996 for specified purposes and 1.4.1997 for all other purposes) by 1995 c. 36, s. 94(1)(e)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(1)(7) (as amended by S.I. 1997/744, arts. 2, 3)

4 Withdrawal of approval.S

(1)If, while approval of a body under section 3 is operative, it appears to the Secretary of State that the body is not making an effective contribution to the Scottish Adoption Service [F8, or as the case may be to the body’s specified service,] he shall, subject to section 5(3) and (4), by notice to the body withdraw the approval from a date specified in the notice.

(2)If an approved adoption society fails to provide the Secretary of State with information required by him for the purpose of carrying out his functions under subsection (1), or fails to verify such information in the manner required by him, he may by notice to the society withdraw the approval from a date specified in the notice.

(3)Where approval is withdrawn under subsection (1) or (2) or expires the Secretary of State may direct the body concerned to make such arrangements as to children who are in its care and other transitional matters as seem to him expedient.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8Words in s. 4 inserted (12.12.1996 for specified purposes and 1.4.1997 for all other purposes) by 1995 c. 36, s. 94(2) (with s. 103(1)); S.I. 1996/3201, art. 3(1)(7) (as amended by S.I. 1997/744, arts. 2, 3)

5 Procedure on refusal to approve, or withdrawal of approval from, adoption societies.S

(1)Before notifying a body which has applied for approval that the application is refused in accordance with section 3(6) the Secretary of State shall serve on the applicant a notice—

(a)setting out the reasons why he proposes to refuse the application;

(b)informing the applicant that it may make representations in writing to the Secretary of State within 28 days of the date of service of the notice.

(2)If any representations are made by the applicant in accordance with subsection (1), the Secretary of State shall give further consideration to the application taking into account those representations.

(3)The Secretary of State shall, before withdrawing approval of an adoption society in accordance with section 4(1), serve on the society a notice—

(a)setting out the reasons why he proposes to withdraw the approval; and

(b)informing the society that it may make representations in writing to the Secretary of State within 28 days of the date of service of the notice.

(4)If any representations are made by the society in accordance with subsection (3), the Secretary of State shall give further consideration to the withdrawal of approval under section 4(1) taking into account those representations.

(5)This section does not apply where the Secretary of State, after having considered any representations made by the applicant in accordance with this section, proposes to refuse approval or, as the case may be, to withdraw approval for reasons which have already been communicated to the applicant in a notice under this section.

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