The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011

Adoption Agencies Regulations (Northern Ireland) 1989 (S.R. 1989 No. 253)

12.—(1) The Adoption Agencies Regulations (Northern Ireland) 1989 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) at the end insert—

““Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 (S.S.I. 2009/267));”.

(3) In regulation 9 (adoption agency’s duties in respect of proposed placement)—

(a) In paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”.

(b) after paragraph (2) insert—

“(2A) Where the child is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted, the adoption agency shall refer its proposal to place a child for adoption to the adoption panel only if the local authority, on whose application the order was made, or in whom the mandatory provision has been vested, has been consulted and agrees with the proposal.

(2B) In paragraph (2A) “mandatory provision” shall be construed in accordance with section 81(1) of the Adoption and Children (Scotland) Act 2007.”.

(4) In regulation 13(1) (review of case where no placement made within six months of freeing for adoption)—

(a) for “section 18(5) of the Adoption (Scotland) Act 1978” substitute “where a child is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted”; and

(b) for “section 18 or 21 of the Adoption (Scotland) Act 1978” substitute “that Scottish permanence order”.