§ 15 — Variation or revocation of ASA

15.—(1) An authorised adoption agency that issued an ASA may, upon an application by the applicants or applicant (as the case may be) issued with the ASA, or on its own motion, vary or revoke the ASA if —(a)

no adoption application has been made on the basis of the ASA; and

(b)

any of the conditions in subsection (3) is met.

(2) If no adoption application has been made on the basis of an ASA, the Guardian‑in‑Adoption may on his or her own motion —(a)

vary or revoke the ASA if —(i)

any of the conditions in subsection (3) is met; or

(ii)

the Guardian-in-Adoption disagrees with the assessment of the authorised adoption agency that issued the ASA; or

(b)

direct the authorised adoption agency that issued the ASA to vary or revoke the ASA if —(i)

any of the conditions in subsection (3) is met; or

(ii)

the Guardian‑in‑Adoption disagrees with the assessment of the authorised adoption agency.

(3) The conditions mentioned in subsections (1) and (2) are as follows:(a)

either or both of the applicants or the applicant (as the case may be) to whom the ASA was issued had made a false or misleading representation or provided any false or misleading information to the authorised adoption agency before the ASA was issued;

(b)

any fact or information that would have made a material impact on the assessment by the authorised adoption agency, and that was not disclosed or made known to the agency before the ASA was issued, is now disclosed or made known to the authorised adoption agency or the Guardian‑in‑Adoption, as the case may be;

(c)

the authorised adoption agency or the Guardian‑in‑Adoption (as the case may be) has reason to believe that there has been a material change in the circumstances of either or both of the applicants or the applicant (as the case may be) issued with the ASA.

(4) In subsection (3)(c), a reference to a material change in circumstances is a reference to any change in circumstances that may be prescribed by the regulations, being a change that affects or is likely to affect the suitability of the applicants or applicant (as the case may be) to adopt a child.

(5) When an ASA is varied under this section, the authorised adoption agency or the Guardian‑in‑Adoption (as the case may be) may extend the validity of the ASA for a period specified by the authorised adoption agency or the Guardian‑in‑Adoption, as the case may be.

(6) The applicants or applicant concerned must be notified of a variation or revocation of, or a refusal to vary or revoke, an ASA under this section and the reasons for the variation, revocation or refusal.

—(1) An authorised adoption agency that issued an ASA may, upon an application by the applicants or applicant (as the case may be) issued with the ASA, or on its own motion, vary or revoke the ASA if —(a)

no adoption application has been made on the basis of the ASA; and

(b)

any of the conditions in subsection (3) is met.

(2) If no adoption application has been made on the basis of an ASA, the Guardian‑in‑Adoption may on his or her own motion —(a)

vary or revoke the ASA if —(i)

any of the conditions in subsection (3) is met; or

(ii)

the Guardian-in-Adoption disagrees with the assessment of the authorised adoption agency that issued the ASA; or

(b)

direct the authorised adoption agency that issued the ASA to vary or revoke the ASA if —(i)

any of the conditions in subsection (3) is met; or

(ii)

the Guardian‑in‑Adoption disagrees with the assessment of the authorised adoption agency.

(3) The conditions mentioned in subsections (1) and (2) are as follows:(a)

either or both of the applicants or the applicant (as the case may be) to whom the ASA was issued had made a false or misleading representation or provided any false or misleading information to the authorised adoption agency before the ASA was issued;

(b)

any fact or information that would have made a material impact on the assessment by the authorised adoption agency, and that was not disclosed or made known to the agency before the ASA was issued, is now disclosed or made known to the authorised adoption agency or the Guardian‑in‑Adoption, as the case may be;

(c)

the authorised adoption agency or the Guardian‑in‑Adoption (as the case may be) has reason to believe that there has been a material change in the circumstances of either or both of the applicants or the applicant (as the case may be) issued with the ASA.

(4) In subsection (3)(c), a reference to a material change in circumstances is a reference to any change in circumstances that may be prescribed by the regulations, being a change that affects or is likely to affect the suitability of the applicants or applicant (as the case may be) to adopt a child.

(5) When an ASA is varied under this section, the authorised adoption agency or the Guardian‑in‑Adoption (as the case may be) may extend the validity of the ASA for a period specified by the authorised adoption agency or the Guardian‑in‑Adoption, as the case may be.

(6) The applicants or applicant concerned must be notified of a variation or revocation of, or a refusal to vary or revoke, an ASA under this section and the reasons for the variation, revocation or refusal.