Commentary on Sections Chapter 1 .The Adoption Service Section 4 - Local authority plans
28.Section 4 sets out local authorities’ duties in relation to plans for provision of their adoption service. The wording parallels that in section 19 of the 1995 Act (local authority plans for services for children). Subsection (1) places a duty on local authorities to prepare and publish plans for the provision of the adoption service which they are required to provide under section 1(1).
29.Subsection (2) places a duty on local authorities to review the plans created under subsection (1) “from time to time” and to modify or replace completely the plans and publish them as necessary.
30.Subsection (3) places a duty on local authorities to consult a range of bodies and organisations in making or reviewing plans under subsection (1) or subsection (2). The bodies and organisations that should be consulted are the Health Board in the relevant local authority area, any voluntary organisations which may represent the interests of a person who is likely to use the adoption service, any voluntary organisations which may provide an adoption service and any other persons that may be prescribed by regulations made by Scottish Ministers.+
31.Subsection (4) allows a local authority to incorporate a plan that is to be published under subsection (1) into any plan published by the local authority in connection with services for children. Under subsection (5) it is not necessary to publish an adoption services plan separately where it is incorporated in this way.
32.By virtue of subsection (6) the duty to review and modify or replace plans and the right not to publish a separate plan under subsection (5) will apply to any modified or replacement plan as well as plans originally created under subsection (1).