Adoption and Children (Scotland) Act 2007

7 Meaning of “adoption service” in Regulation of Care (Scotland) Act 2001

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.”.