- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Adoption and Children (Scotland) Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)Subsection (2) applies where—
(a)a local authority—
(i)proposes to make an application for a permanence order in respect of a child, or
(ii)becomes aware that an application for an adoption order in respect of a child in its area has been, or is to be, made,
(b)the father of the child is not married to the mother of the child on the relevant date,
(c)the father, never having had parental responsibilities or parental rights in relation to the child, does not have such responsibilities or rights on the relevant date, and
(i)knows the identity and whereabouts of the father, or
(ii)can, by taking such reasonable and practicable steps as are appropriate in the circumstances of the case, ascertain that information.
(2)The local authority must, on or after the relevant date—
(a)give notice to the father that—
(i)it proposes to apply for a permanence order,
(ii)an application for an adoption order has been made, or
(iii)an application for an adoption order is to be made,
as the case may be, and
(b)provide the father with prescribed information relating to the processes for applying for the order in question.
(3)Where a local authority is required to give notice under subsection (2)(a)(i), it must give the notice at least 4 weeks before the application for the permanence order is made.
(4)Where a local authority is required to give notice under sub-paragraph (ii) or (iii) of subsection (2)(a), it must give the notice as soon as is reasonably practicable after it becomes aware that the application for an adoption order has been or, as the case may be, is to be made.
(5)In this section—
(a)“relevant date” means—
(i)the date on which the local authority determines it will make the application mentioned in sub-paragraph (i) of subsection (1)(a), or
(ii)the date on which the authority becomes aware of the application mentioned in sub-paragraph (ii) of that subsection,
as the case may be,
(b)“prescribed” means prescribed by regulations made by the Scottish Ministers.
(1)Subsection (2) applies where—
(a)a child is subject to a supervision requirement,
(b)a registered adoption service is satisfied that the best interests of the child would be served by placing the child for adoption, and
(c)it intends to place the child for adoption.
(2)The registered adoption service must refer the child's case to the Principal Reporter.
(3)The Scottish Ministers may make regulations specifying by reference to the occurrence of an event or events described in the regulations the period of time during which a referral under this section is to be made.
(4)In subsection (2), “Principal Reporter” has the same meaning as in Part II of the 1995 Act.
In section 11 of the 1995 Act (court orders relating to parental responsibilities etc.), in subsection (3)—
(a)in paragraph (a), sub-paragraph (iii) is repealed,
(b)after that paragraph insert—
“(aa)that application for a contact order is made with the leave of the court by a person whose parental responsibilities or parental rights in relation to the child were extinguished on the making of an adoption order;
(ab)that application for an order under subsection (1) above (other than a contact order) is made by a person who has had, but for a reason other than is mentioned in subsection (4) below, no longer has, parental responsibilities or parental rights in relation to the child;”, and
(c)in paragraph (b), for “such application” substitute “ application for an order under subsection (1) above ”.
(1)In the case of an application for a relevant order in relation to a child, rules of court must provide for the appointment, in such cases as are prescribed by the rules—
(a)of a person to act as curator ad litem of the child on the hearing of the application, with the duty of safeguarding the interests of the child in such manner as may be so prescribed,
(b)of a person to act as reporting officer for the purpose of witnessing agreements to adoption and performing such other duties as may be so prescribed.
(2)Rules may in particular make provision—
(a)enabling the reporting officer to be appointed before the application is made,
(b)enabling the court to appoint the same person to be curator ad litem and reporting officer.
(3)Rules may not make provision for—
(a)the appointment of a person who is employed by an adoption agency which has placed a child for adoption to act as curator ad litem or reporting officer for the purposes of an application for an adoption order in respect of the child,
(b)the appointment of a person who is employed by a local authority which is making (or has made) an application for a permanence order to act as curator ad litem or reporting officer for the purposes of the application.
(4)A relevant order means—
(a)an adoption order,
(b)a permanence order, or
(c)an order under section 59.
(1)Any proceedings before the court relating to applications under any of the provisions mentioned in subsection (2) must be heard and determined in private unless the court otherwise directs.
(2)Those provisions are—
(g)section 93, and
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: