Adoption and Children (Scotland) Act 2007

38 Disclosure of information kept under relevant enactment

(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.