The Refuges for Children (Scotland) Regulations 1996

Withdrawal of designation or approval

10.—(1) A local authority may, in any of the circumstances described in paragraph (2) below, withdraw a designation made or approval given under these Regulations at any time by giving notice in writing to the person to whom the certificate was sent under regulation 7.

(2) The circumstances in which a local authority may withdraw a designation or approval are–

(a) where on a review under regulation 9 the authority cease to be satisfied as to the matters specified in regulation 4 or, as the case may be, regulation 6;

(b) where a person carrying on a registered establishment fails to comply with any provision of Part II of the Residential Establishments – Child Care (Scotland) Regulations 1996(1);

(c) where a person whose household is approved by virtue of section 5(3)(b) of the 1968 Act has had the approval terminated in terms of regulation 10 of the Fostering of Children (Scotland) Regulations 1996(2);

(d) where the person providing the refuge or any person assisting him in that respect has had proceedings instituted against him in relation to, or has been convicted of, any criminal offence;

(e) where a person providing a refuge fails to comply with a requirement of regulation 8; and

(f) where for any other reason the local authority are satisfied that an establishment of theirs, an approved household or a registered establishment, or a specified part of the establishment, is unsuitable to provide a refuge for children.

(3) A local authority shall withdraw an approval given under these Regulations by giving notice to the person to whom the certificate of approval was sent–

(a) where the person carrying on a registered establishment intimates in writing that he no longer wishes the establishment to be approved for the purposes of providing a refuge; and

(b) where the registration of an establishment under section 61 of the 1968 Act has been cancelled under section 64 of the 1968 Act, and in the use of (b) withdrawal of designation shall be effective from the time of the cancellation of the registration under section 64 of the 1968 Act.

(4) Where a designation or approval is withdrawn, the person to whom the certificate was sent shall return it forthwith to the local authority.

(1)

S.I. 1996/3256.

(2)

S.I. 1996/3263.