Accredited Bodies
Register of Accredited Bodies
he Adoption Societies Register kept the Adoption Act 1952 by An Bord Uchtála is continued in being and, on and is to be known as the register of accredited bodies, and kept and maintained under this Act by the Authority.
Entries in the register of accredited bodies shall be in the form and contain the particulars required. The register of accredited bodies shall be made available for inspection by any person at all reasonable times.
The Authority shall enter in the register of accredited bodies—
- the name of any body of persons that applies to be registered and furnishes to the Authority such information as the Authority considers necessary to determine if the body of persons is entitled to be registered,
- particulars of the activity or activities in respect of which the body of persons is registered, and
- particulars of the state or states of origin to which the registration relates in any case where the registration of the body of persons is for any such activity or activities related to the adoption or maintenance of a child whose state of origin is—another contracting state, or a state that has a bilateral agreement with the State.
The Authority shall not register in the register of accredited bodies any body of persons in respect of any activity or activities unless satisfied that the body of persons meets the requirements prescribed for the time being un respect of that activity, those activities or any combination of those activities.
The Authority may refuse to register in the register of accredited bodies any body of persons in respect of any activity or activities—
- if that body of persons does not meet the requirements referred to  that are applicable to that body of persons, or
- if it appears to the Authority that any person who—takes part in the management or control of the body of persons, or is engaged on behalf of the body of persons in connection with that activity, which is not a fit and proper person to act in that regard.
A body of persons that is registered in the register of accredited bodies in respect ofone or more of the activities specified is disqualified for registration in respect of any other activity.
On registering a body of persons in the register of accredited bodies, the Authority shall issue to the body of persons a certificate of registration specifying the activity or activities for which that body of persons is registered, and if the body of persons is registered for any activity or activities specified irelated to the adoption or maintenance of a child whose state of origin is another contracting state, or a state that has a bilateral agreement with the State, the state or states of origin to which the registration relates.
The Authority—
- may authorise an accredited body to act in another state, and
- subject to any applicable provision of a bilateral agreement, may authorise an accredited body to act in a state that has entered into a bilateral agreement with the State.
Renewal of registration.
The period of registration of an accredited body is 5 years from the date of registration. An accredited body may apply for renewal of registration for further periods, each of which shall not exceed 3 years.
An accredited body shall furnish to the Authority such information as the Authority considers necessary to determine whether the registration of the body should be renewed. The application provisions apply in relation to an application for renewal of registration as those apply in relation to an application for registration.
A term of renewal of registration, including a renewal pursuant to an application for renewal of registration , takes effect from the expiry of the previous registration.
Cancellation of registration
If an accredited body does not apply for renewal of registration when it is required to do so, the Authority shall inform the accredited body by notice in writing that its registration will be cancelled one month after the date of the notice unless an application for renewal of registration is received within that month. If the accredited body does not apply for renewal of registration within one month of the date of the notice , the Authority shall cancel the body’s registration.
The Authority may cancel the registration of an accredited body in respect of any or all of the activities for which it is registered if—
- there are grounds on which the Authority would be entitled or required to refuse an application for the registration of the accredited body,
- it appears to the Authority that this Act is not, or the regulations are not, being complied with by the accredited body, or
- an offence under this Act is committed by the accredited body or by any person acting on its behalf.
The Authority may amend an entry in the register of accredited bodies relating to an accredited body if the Authority considers the amendment necessary or desirable in the circumstances.
Duty to notify of registration decisions.
Where the Authority proposes in respect of an activity to—
- refuse to register an applicant in the register of accredited bodies,
- refuse to renew the registration of an accredited body,
- amend the registration of an accredited body, or
- cancel the registration of an accredited body,
in respect of that activity, the Authority shall give written notice to the applicant or the accredited body concerned of the proposal and of the reasons for it.
The notice of the Authority’s proposal shall include a statement that the applicant or accredited body concerned may make representations in writing to the Authority within 21 days of receiving the notice.The Authority—
- before any decision on a proposal of which notice is given , shall take into consideration any representations made to the Authority by the applicant or accredited body concerned within the 21 days referred to i, and
- on carrying out the proposal, shall give written notice to the applicant or accredited body of the Authority’s decision and of the reasons for the decision.
The notice of the Authority’s decision shall include a statement that the applicant or accredited body concerned may appeal the decision to the District Court within 21 days of receiving the notice.
Accredited bodies to furnish information
An accredited body, every officer of the accredited body and every other person taking part in its management or control shall—
- furnish the Authority with such information as the Authority may from time to time by notice in writing require with regard to the accredited body’s constitution, membership, employees, organisation and activities, and
- at all reasonable times permit a member or employee of the Authority authorised by the Authority to inspect and make copies of all books and documents relating to adoption that are under the control of the accredited body.
The Authority shall cause to be published in Iris Oifigiúil a notice in the prescribed form of every registration and cancellation of registration in the register of accredited bodies.
Appeals from decisions relating to registration.
Any body of persons may appeal to the District Court against a decision of the Authority un respect of an activity—
- to refuse to register in the register of accredited bodies that body of persons,
- to refuse to renew the registration of that body of persons in the register of accredited bodies,
- to amend the registration of that body of persons in the register of accredited bodies, or
- to cancel the registration of that body of persons in the register of accredited bodies,
in respect of that activity.
The appeal shall be brought not later than 21 days after the body of persons concerned receives written notice of the decision and notice of the appeal shall be given by that body of persons to the Authority. After hearing the appeal, the District Court may confirm the decision under appeal, or direct the Authority, as may be appropriate, in respect of the activity concerned—
- to register the body of persons in the register of accredited bodies,
- to renew the registration of the body of persons,
- to withdraw the amendment of the registration, or
- to restore the cancelled registration.
A decision of the District Court on a matter of fact is final.
The Authority is entitled to be given notice of an appeal, and  to appear, be heard and adduce evidence at the hearing of the appeal.