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(1)The Scottish Ministers may by regulations make provision for or in connection with the disclosure by adoption agencies to adopted persons and other persons of a description or descriptions specified in the regulations of information kept by virtue of a relevant enactment.
(2)Regulations under subsection (1) may in particular include provision—
(a)in circumstances specified in the regulations, conferring discretion on adoption agencies as to whether to disclose or withhold information,
(b)specifying conditions which are to apply in relation to the disclosure of information, or information of a type so specified, to adopted persons of a description or descriptions so specified,
(c)specifying circumstances in which information should not be disclosed to adopted persons of a description or descriptions so specified,
(d)about the review of decisions of adoption agencies in connection with—
(i)the disclosure of information,
(ii)the conditions applicable to such disclosure.
(3)In this section, “relevant enactment” means—
(a)section 37, or
(b)any other enactment (whether or not in force) which imposes a requirement (however expressed) to keep records relating to adoptions.
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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
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