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Part 1SAdoption

Chapter 1SThe adoption service

The adoption serviceS

1Duty of local authority to provide adoption serviceS

(1)Each local authority must—

(a)to the extent that it already provides an adoption service in its area, continue to do so, and

(b)to the extent that it does not provide such a service in its area, provide such a service there.

(2)In this Act, “adoption service” means services designed to meet the needs, in relation to adoption, of persons mentioned in subsection (3).

(3)Those persons are—

(a)children who may be adopted

(b)persons who have been adopted,

(c)parents and guardians of children mentioned in paragraph (a),

(d)natural parents of persons who have been adopted,

(e)persons who, before the placing of a child for adoption or the adoption of a child, treated the child as their child,

(f)siblings (whether of the whole-blood or half-blood), natural grandparents and former guardians of—

(i)children mentioned in paragraph (a), or

(ii)persons mentioned in paragraph (b),

(g)persons who may adopt a child,

(h)persons who have adopted a child,

(i)in relation to persons mentioned in paragraph (g) or (h), children of, or children treated as children of, such persons, and

(j)any other persons who are—

(i)affected by the placing, or proposed placing, of a child for adoption, or

(ii)affected by an adoption.

(4)An adoption service includes, in particular, services consisting of or including—

(a)arrangements for assessing children who may be adopted,

(b)arrangements for assessing prospective adopters,

(c)arrangements for placing children for adoption,

(d)the provision of information about adoption to any of the persons mentioned in subsection (3), and

(e)adoption support services.

(5)In this Act, “adoption support services” means services consisting of or including the provision of—

(a)counselling to any of the persons mentioned in subsection (3),

(b)guidance about adoption to such persons,

(c)any other assistance in relation to the adoption process that the local authority providing an adoption service in a particular case considers appropriate in the circumstances of that case.

Commencement Information

I1S. 1 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

2Carrying out of duties imposed by section 1S

(1)For the purpose of carrying out the duties imposed by section 1(1) efficiently and effectively, a local authority must have regard to—

(a)the other services that it provides in its area in carrying out the functions of a local authority under any of the enactments mentioned in section 5(1B) of the Social Work (Scotland) Act 1968 (c. 49) (power of the Scottish Ministers to issue certain directions) including, in particular, those functions in so far as they relate to children, and

(b)any registered adoption service provided there.

(2)A local authority may carry out the duties imposed by section 1(1) by securing the provision of its adoption service by a registered adoption service.

(3)In this section, “registered adoption service” means an adoption service provided as mentioned in [F1paragraph 8(1)(b) of schedule 12 to the Public Services Reform (Scotland) Act 2010] (asp 8) and registered under [F2Part 5] of that Act.

Textual Amendments

Commencement Information

I2S. 2(1)(2) in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

I3S. 2(3) in force at 7.4.2008 for specified purposes by S.S.I. 2008/130, art. 2, Sch.

I4S. 2(3) in force at 28.9.2009 in so far as not already in force by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

3Adoption service: regulationsS

The Scottish Ministers may by regulations—

(a)amend subsection (4) or (5) of section 1 by—

(i)adding further services,

(ii)modifying the services mentioned in those subsections,

(b)make further provision about adoption services.

Commencement Information

I5S. 3 in force at 28.9.2009 in so far as not already in force by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

I6S. 3(b) in force at 20.4.2009 for specified purposes by S.S.I. 2009/147, art. 2, Sch.

F34Local authority plansS

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5GuidanceS

(1)Subsection (2) applies where a local authority is carrying out its function under section 1 to continue to provide, or to provide, an adoption service or to secure the provision of such a service.

(2)The local authority must have regard to any guidance given by the Scottish Ministers.

(3)Guidance such as is mentioned in subsection (2) may, in particular, contain provision in relation to—

(a)how a local authority should assess (or reassess) the needs of a person for adoption support services,

(b)how the power conferred by section 9(1)(b) should be exercised,

(c)the classes of person in relation to whom that power should be exercised,

(d)how responsibility for the provision of an adoption service should be transferred from one local authority to another.

(4)The Scottish Ministers may vary or revoke any guidance such as is mentioned in subsection (2).

Commencement Information

I7S. 5 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

6[F4Assistance in carrying out functions under section 1]S

(1)Where it appears to a local authority that an appropriate person could assist the authority in carrying out any of its functions under section 1 F5..., it may require the person to assist the authority in the way specified in the requirement.

(2)An appropriate person need not comply with a requirement made by virtue of subsection (1) if—

(a)it would not be reasonably practicable to do so,

(b)doing so would be incompatible with the person's functions (whether statutory or otherwise), or

(c)where the person is not a natural person, doing so would unduly prejudice the carrying out of such functions.

(3)For the purposes of this section, a person is “appropriate” if the person is—

(a)another local authority,

(b)a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29),

(c)such other person as may be prescribed by regulations made by the Scottish Ministers.

Textual Amendments

Commencement Information

I8S. 6 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

F67Meaning of “adoption service” in Regulation of Care (Scotland) Act 2001S

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Textual Amendments

F6S. 7 repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 37; S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

Commencement Information

I9S. 7 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

8Adoption agencies: regulations about carrying out of functionsS

(1)The Scottish Ministers may make regulations for any purpose relating to the carrying out of its functions by a registered adoption service.

(2)The Scottish Ministers may make regulations with respect to the carrying out by local authorities of their functions in relation to adoption.

(3)Regulations under this section may in particular make provision for or in connection with—

(a)specifying circumstances in which a local authority proposing to make arrangements for the adoption of a child must apply for a permanence order which includes provision granting authority for the child to be adopted,

(b)requiring such an application to be made within a period specified in the regulations.

Commencement Information

I10S. 8 in force at 20.4.2009 for specified purposes by S.S.I. 2009/147, art. 2, Sch.

I11S. 8 in force at 28.9.2009 in so far as not already in force by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)