Adoption (Scotland) Act 1978

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 [F4 geographical 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 [F6 such period not exceeding] three years from the date on which it becomes operative [F7 as 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.

Textual Amendments

F1 S. 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)

F2 Words 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)

F3 S. 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)

F4 Words 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)

F5 Words 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)

F6 Words 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)

F7 Words 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)