Version Superseded: 01/04/2004
Point in time view as at 12/12/1996. This version of this provision has been superseded.
Adoption (Scotland) Act 1978, Section 5 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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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