The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003

Regulation 9

SCHEDULE 1 Certificate of eligibility and approval

Regulations 19 and 28

SCHEDULE 2 Certificate that the Convention adoption order has been made in accordance with the Convention

Regulation 31

SCHEDULE 3 Application, with modifications, of the provisions of the 1978 Act

Column 1	Column 2
Provisions of the 1978 Act	Modifications
Section 12 (adoption order)	As if there were inserted at the end “ (10) An adoption order may not be made in relation to a person who has attained the age of 19 years.”
Section 13 (child to live with adopters before order made)	As if for the words in sub-section (1) “placed with the applicants by an adoption agency” there were substituted the words “entrusted by the applicants, in relation to a Convention country other than the United Kingdom, by the Central Authority of the state of origin”
Section 16 (parental agreement)	As if for sub-section (1) there were substituted “(1) A convention adoption order shall not be made unless an agreement under Article 17(c) of the Convention has been made in respect of the child”, and sub section (2) was omitted
Section 22 (notification to local authority of adoption application)	As if for the words in sub-section (1) “not placed with the applicant by an adoption agency” there were substituted the words “entrusted to the applicants by a competent authority within the meaning of Article 23 of the Convention”
Section 27 (restrictions on removal where adoption agreed)	As if for subsection (1) there were substituted “(1) where an application for a Convention adoption order is pending the parent or guardian is not entitled to remove the child from the home of the applicant except with the leave of the court.”, and sub section (2) was omitted
Sections 30 (return of children placed for adoption by adoption agencies) and 31 (application of section 30 where child not placed for adoption)	As if sections 30 and 31 were omitted

Regulation 32

SCHEDULE 4 Application, with modifications, of the provisions of the Adoption Agencies Regulations

Column 1	Column 2
Provision of the Adoption Agencies Regulations	Modifications
Regulations 9, 10, 11, 12 and 19	As if regulations 9, 10, 11, 12 and 19 were omitted
Regulation 21	In cases where Scotland is the Receiving State under part 3 of these Regulations, as if regulation 21 was omitted
Regulation 23	As if in paragraph (2) for the words “these Regulations” there were substituted the words “the Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003”

Regulation 6

SCHEDULE 5 Specified offences

Offences in England and Wales

1.  An offence under section 1 of the Sexual Offences Act 1956 (rape).

2.  An offence specified in Schedule 1 to the Children and Young Persons Act 1933 except for–

(a) the offence of common assault or battery; or

(b) in a case where the offender was under 20 at the time the offence was committed, an offence contrary to sections 6, 12 or 13 of the Sexual Offences Act 1956 (sexual intercourse with a girl between 13 and 16, buggery or indecency between men); or

(c) in a case where the offender was under 18 at the time the offence was committed, an offence contrary to section 47 of the Offences Against the Person Act 1861 (assault occasioning actual bodily harm).

3.  An offence under section 1(1) of the Indecency with Children Act 1960 (indecent conduct towards young child).

4.  An offence under section 54 of the Criminal Law Act 1977 (inciting a girl under 16 to have incestuous sexual intercourse).

5.  An offence contrary to section 1 of the Protection of the Children Act 1978 (indecent photographs of children).

6.  An offence contrary to section 160 of the Criminal Justice Act 1988 (the possession of indecent photographs of children).

7.  An offence contrary to section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16.

Offences in Scotland

8.  An offence of rape.

9.  An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 except for–

(a) in a case where the offender was under 18 at the time the offence was committed, an offence of assault; or

(b) in a case where the offender was under 20 at the time the offence was committed, an offence contrary to section 5 of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with a girl between 13 and 16), an offence of shameless indecency between men or an offence of sodomy.

10.  An offence under section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16.

11.  An offence under sections 52 and 52A of the Civic Government (Scotland) Act 1982 (indecent photographs).

Offences in Northern Ireland

12.  An offence of rape.

13.  An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968, except for–

(a) the offence of common assault or battery; or

(b) in a case where the offender was under 20 at the time the offence was committed, an offence contrary to sections 5 or 11 of the Criminal Law Amendment Act 1885 (unlawful carnal knowledge of a girl under 17 and gross indecency between males), or an offence contrary to section 61 of the Offences against the Person Act 1861 (buggery);

(c) in a case where the offender was under 18 at the time the offence was committed, an offence contrary to section 47 of the Offences Against the Person Act 1861 (assault occasioning actual bodily harm).

14.  An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs).

15.  An offence contrary to Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting a girl under 16 to have incestuous sexual intercourse).

16.  An offence contrary to Article 15 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children).

17.  An offence An offence contrary to section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16.

Regulation 33

SCHEDULE 6 Application, with modifications, of the provisions of the 2001 Regulations

Column 1	Column 2
Provisions of the 2001 Regulations	Modifications
Regulation 3(2)	As if for paragraphs (a), (b) and (c) there were substituted the following:– “(a) the prospective adopter has made an application in terms of regulation 3 of the Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003; (b) the prospective adopter has provided such information to the adoption agency as it may request in order to enable it to undertake an assessment of the prospective adopter’s eligibility and suitability to be an adoptive parent; (c) the prospective adopter has received notification in writing of a decision by an adoption agency to approve the prospective adopter as suitable to be an adoptive parent; and (d) the prospective adopter has received notification in writing from the Central Authority in terms of regulation 10(7) of the Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 that an agreement under Article 17(c) of the Convention has been made”
Regulations 3(3), 3(4) and 4	As if regulations 3(3) and (4) and 4 were omitted