The Adoption (Intercountry Aspects) Act 1999 (Commencement No. 4) (Scotland) Order 2000

This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2000/223 and is being issued free of charge to all known recipients of that Scottish Statutory Instrument

Scottish Statutory Instruments

2000 No. 390 (C. 15)

CHILDREN AND YOUNG PERSONS

The Adoption (Intercountry Aspects) Act 1999 (Commencement No. 4) (Scotland) Order 2000

Made

6th November 2000

The Scottish Ministers, in exercise of the powers conferred by section 18(3) of the Adoption (Intercountry Aspects) Act 1999(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, interpretation and extent

1.—(1) This Order may be cited as the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 4) (Scotland) Order 2000.

(2) This Order extends to Scotland only.

Appointed day

2.  10th November 2000 is the day appointed for the coming into force of section 13 of the Adoption (Intercountry Aspects) Act 1999 insofar as it inserts a new subsection (3A) after subsection (3) of section 65 of the Adoption (Scotland) Act 1978(2).

JACK McCONNELL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th November 2000

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 10th November 2000 as regards Scotland, that part of section 13 of the Adoption (Intercountry Aspects) Act 1999 (c. 18), which inserts a new subsection (3A) into section 65 of the Adoption (Scotland) Act 1978. The new subsection (3A) provides that in relation to the proposed adoption of a child resident outside the British Islands, references to arrangements for the adoption of a child include references to arrangements for an assessment for the purpose of indicating whether a person is suitable or not to adopt a child.

This Order replaces the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 2) (Scotland) Order 2000 (S.S.I. 2000/223) as that Order was a nullity.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:

Provision	Date of Commencement	S.I. No
13 (as regards England and Wales)	31.1.2000	S.I. 2000/52
16(2)	16.10.2000	S.I. 2000/2821

(1)

1999 c. 18; section 16(2) of the Act, which provides that for the purposes of the Scotland Act 1998 (c. 46), any provision of the 1999 Act which extends to Scotland is to be taken to be a pre-commencement enactment within the meaning of the 1998 Act, was commenced on 16th October 2000 by S.I. 2000/2821. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

1978 c. 28; this provision was purported to have been commenced by S.S.I. 2000/223 but, as section 16(2) of the 1999 Act was not in force when that Order was made, the Order was a nullity.