Children (Scotland) Act 1995

Prospective

94 Approval of adoption society for specific services. S

[F1 (1) In section 3 of the 1978 Act (approval of adoption societies)—

(a) for subsections (1) and (2) substitute—

“(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.”;

(b) in subsection (3)(a), the words “, including in particular its ability to make provision for children who are free for adoption” shall cease to have effect;

(c) in subsection (5), for the words “areas within which” substitute “ geographical areas within which, the services as respects which ”;

(d) in subsection (6), after the word “Service” insert “ , or as the case may be to the applicant’s specified service ”; and

(e) in subsection (7)—

(i) for the words “a period of” substitute “ such period not exceeding ”; and

(ii) after the word “operative” insert “ as the Secretary of State may specify in the approval. ”.

(2) In section 4 of that Act (withdrawal of approval), after the word “Service” insert “ , or as the case may be to the body’s specified service, ”.]

(3) In section 65(1) of that Act (interpretation), in the definition of “adoption society”, after the word “for” insert “ , or in connection with, ”.

Textual Amendments

F1 S. 94(1)(2) repealed (prosp.) by 2001 asp 8, ss. 80(1), 81(2), Sch. 4

Commencement Information

I1 S. 94 wholly in force at 1.4.1997; s. 94 not in force at Royal Assent see s.105(1); s. 94 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(1) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); s. 94 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)