Explanatory Notes

Adoption and Children (Scotland) Act 2007

2007 asp 4

15 January 2007

Commentary on Sections

Chapter 2 .The Adoption Process

Section 19 - Notice under section 18: local authority’s duties

78.Where, under section 18, a local authority receives notice of intention to apply for an adoption order, it must, by virtue of subsection (2), investigate the matter and submit a report of the investigation to the court.

79.Subsection (3) specifies the factors which the local authority must, in particular, investigate, which are, as far as is reasonably practicable, the suitability of the applicants and any other matters relevant to the operation of section 14; any contravention of section 75; and any failure to comply with section 76(2) of the Act.

80.By virtue of subsection (4), if a local authority receives a notice under section 18, and it is aware that the child is being looked after by another local authority, it must give a copy of the notice to that local authority within seven days of receipt.