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Adoption and Children (Scotland) Act 2007

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7Meaning of “adoption service” in Regulation of Care (Scotland) Act 2001
This section has no associated Explanatory Notes

In section 2 of the Regulation of Care (Scotland) Act 2001 (asp 8) (meaning of “care services”), for subsections (11) and (12) substitute—

(11)An adoption service is any service which is—

(a)provided by a local authority under subsection (1) of section 1 of the Adoption and Children (Scotland) Act 2007 (asp 4); or

(b)provided by a person other than a local authority and which consists of, or includes, services mentioned in subsection (4) of that section (the reference in subsection (5) of that section to a local authority being taken, for the purposes of this paragraph, to be a reference to a person other than a local authority), (whether the person functions generally or in relation to a service provided, or to be provided, under that section).

(12)For the purposes of subsection (11)(b) above—

(a)the making by a person of arrangements for the adoption of a child by a relevant person, or

(b)the placing by a person of a child for adoption with a relevant person,

is not an adoption service.

(12A)In subsection (12) above, “relevant person” means—

(a)a parent of the child,

(b)any other relative of the child, or

(c)where a parent of the child is a member of a relevant couple, the other member of the couple.

(12B)In subsection (12A) above—

  • “relative” has the meaning given by section 119(1) of the Adoption and Children (Scotland) Act 2007 (asp 4),

  • “relevant couple” is to be construed in accordance with section 29(3) of that Act..

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