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Adoption and Children (Scotland) Act 2007

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114Rules of procedureS

This section has no associated Explanatory Notes

(1)Provision may be made by rules of court in respect of any matter to be prescribed by rules made by virtue of this Act and dealing generally with all matters of procedure.

(2)In the case of an application for an adoption order, the rules must require—

(a)any person mentioned in subsection (3) to be notified of the matters mentioned in subsection (4), and

(b)the person mentioned in subsection (5) (if he can be found) to be notified of the matters mentioned in paragraphs (a) and (b) of subsection (4).

(3)Those persons are—

(a)every person who can be found and whose consent to the making of the order is required to be given or dispensed with under this Act or, if no such person can be found, any relative prescribed by rules who can be found,

(b)every person who has consented to the making of the order under section 20 of the 2002 Act (and has not withdrawn the consent) unless the person has given a notice under subsection (4)(a) of that section which has effect,

(c)every person who, if leave were given under section 31(12), would be entitled to oppose the making of the order.

(4)Those matters are—

(a)that the application has been made,

(b)the date on which, and place where, the application will be heard,

(c)the fact that the person is entitled to be heard on the application, and

(d)the fact that, unless the person wishes, or the court requires, the person need not attend the hearing.

(5)The person is the father of the child to be adopted if he does not have, and has never had, parental responsibilities or parental rights in relation to the child.

(6)In the case of an application under section 59, rules of court must require every person who can be found, and whose consent to the making of the order would be required if the application were for an adoption order (other than a Convention adoption order) to be notified of the matters mentioned in subsection (4).

Modifications etc. (not altering text)

Commencement Information

I1S. 114 in force at 20.4.2009 for specified purposes by S.S.I. 2009/147, art. 2, Sch.

I2S. 114 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)

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