The Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009

Deemed permanence order granting authority for the child to be adopted

17.—(1) Where, immediately before 28th September 2010 a child is subject to a freeing order by virtue of article 16 that child shall be treated as if they were subject to a permanence order.

(2) The permanence order will be deemed to consist of—

(a) the mandatory provision specified in section 81(1) of the Act;

(b) the following ancillary provisions specified in section 82(1) of the Act vesting in the local authority:—

(i) the parental responsibilities mentioned in section 1(1) of the 1995 Act;

(ii) the parental rights mentioned in section 2(1) of the 1995 Act; and

(c) provision granting authority for the child to be adopted.

(3) In this article “local authority” means the authority in whom the parental responsibilities and parental rights in relation to the child were transferred by virtue of the freeing order or a variation thereof granted under section 21(1) (variation of section 18 order so as to substitute one adoption agency for another) of the 1978 Act.

(1)

Section 21 was amended by section 98(1) of, and Schedule 2 to, the 1995 Act.