Search Legislation

Adoption and Children (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

93Amendment of order to grant authority for child to be adopted

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a permanence order in respect of a child is in force, and

(b)the order does not include provision granting authority for the child to be adopted.

(2)On the application of the local authority on whose application the order was made, the appropriate court may amend the order so as to include provision granting authority for the child to be adopted if (and only if)—

(a)the court is satisfied that the child has been placed for adoption, or is likely to be placed for adoption,

(b)the court is satisfied that the condition in subsection (3) or subsection (4) is met, and

(c)the court considers that it would be better for the child that authority for the child to be adopted is granted than that it should not be granted.

(3)The condition is that each parent or guardian of the child understands what the effect of making an adoption order would be and consents to the making of such an order in relation to the child.

(4)The condition is that the consent of each parent or guardian should be dispensed with on any of the grounds mentioned in section 83.

(5)Subsections (4), (5)(a) and (b) and (6) of section 84 apply to the amendment of a permanence order under this section as they apply to the making of such an order.

(6)In subsections (3) and (4)—

  • “guardian”, in relation to a child in respect of whom a permanence order to which this section applies is in force, means a guardian—

    (a)

    who has any parental responsibilities or parental rights in relation to the child, or

    (b)

    who, by virtue of the making of a previous such order, no longer has any such responsibilities or rights,

  • “parent”, in relation to a child in respect of whom a permanence order to which this section applies is in force, means a parent—

    (a)

    who has any parental responsibilities or parental rights in relation to the child, or

    (b)

    who, by virtue of the making of a previous such order, no longer has any such responsibilities or rights.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources