The Regulation of Care (Scotland) Act 2001 (Commencement No. 5 and Transitional Provisions) Order 2004

Transitional provisions

4.  Where before 1st April 2004, a body has applied to the Scottish Ministers for approval as an approved adoption society under section 3 of the 1978 Act and that application has not either been approved or refused by them by that date–

(a) the provisions of that section and section 5 of that Act shall, notwithstanding their repeal by virtue of this Order, continue to apply on and after that date for the purpose of determining that application; and

(b) if the application is approved, the adoption service provided by that body shall be treated, on and after the date on which the approval operates under section 3(2A) of the 1978 Act(1), for all purposes as if it had been registered under Part 1 of the Act on that date until–

(i) where the body providing the service has before 1st October 2004 made an application for registration of the service under section 7(1) of the Act, 1st April 2005; or

(ii) in any other case, 1st October 2004.

(1)

Section 3(2A) was inserted into the 1978 Act by the Children (Scotland) Act 1995 (c. 36), section 94(1).