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Adoption and Children (Scotland) Act 2007
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- 2007 asp 4
- Part 1
- Chapter 7
- Effect of orders, and placing for adoption, under 2002 Act
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- Act applied (with modifications) by S.S.I. 2009/182 reg. 53 54-61
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Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2008/130 art. 2 Sch. commences (2007 asp 4)
- S.S.I. 2008/282 art. 2 commences (2007 asp 4)
- S.S.I. 2009/147 art. 2 Sch. commences (2007 asp 4)
- S.S.I. 2009/267 art. 2 commences (2007 asp 4)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/479 art. 2-6 commences (2008 c. 22)
- S.I. 2009/2232 art. 2 commences (2008 c. 22)
- S.I. 2010/987 art. 2 commences (2008 c. 22)
- S.S.I. 2010/321 art. 3 commences (2010 asp 8)
- S.S.I. 2011/122 art. 2 3 commences (2010 asp 8)
Prospective
Effect of orders, and placing for adoption, under 2002 ActS
77Effect of certain orders made in England and WalesS
(1)An adoption order (within the meaning of section 46(1) of the 2002 Act) has effect in Scotland as it has in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.
(2)An order made under section 21 of that Act (placement orders), and the variation or revocation of such an order under section 23 or 24 of that Act, have effect in Scotland as they have in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.
78Effect of placing for adoption etc. under 2002 ActS
(1)If—
(a)a child is placed for adoption under section 19 of the 2002 Act (placing children with parental consent), or
(b)an adoption agency is authorised to place a child for adoption under that section,
sections 25 (parental responsibility) and 28(2) to (4) (further consequences of placement) of that Act have effect in Scotland as they have in England and Wales but with the modifications specified in subsection (2).
(2)Those modifications are—
(a)in section 25, any reference to the parental responsibility for the child is to be read as a reference to the parental responsibilities and parental rights in relation to the child, and
(b)in section 28(2), the reference to the court is to be read as a reference to the appropriate court.
79Further consequences of placement and placement ordersS
(1)Subsection (2) applies where—
(a)a child is placed for adoption under section 19 of the 2002 Act (placing children with parental consent), or
(b)an adoption agency is authorised to place a child for adoption under that section.
(2)No order under subsection (1) of section 11 of the 1995 Act (court orders relating to parental responsibilities etc.) of a kind mentioned in subsection (2)(c) (residence orders) of that section may be made in respect of the child.
(3)On the making of an order under section 21 of the 2002 Act (a “placement order”) in respect of a child, any order under subsection (1) of section 11 of the 1995 Act of a kind mentioned in subsection (2)(c) to (f) (residence orders, contact orders, specific issue orders and interdicts in relation to parental responsibilities) of that section in respect of the child ceases to have effect.
(4)Where a placement order is in force—
(a)no such order as is mentioned in subsection (3) of this section, and
(b)no order under section 55 of the 1995 Act (child assessment orders),
may be made in respect of the child.
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