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The Adoption and Children (Scotland) Act 2007 (Commencement No. 1) Order 2008

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Scottish Statutory Instruments

2008 No. 130 (C. 12)

CHILDREN AND YOUNG PERSONS

The Adoption and Children (Scotland) Act 2007 (Commencement No. 1) Order 2008

Made

19th March 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 121(2) and (3) of the Adoption and Children (Scotland) Act 2007(1).

Citation and interpretation

1.—(1) This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Commencement No. 1) Order 2008.

(2) In this Order “the Act” means the Adoption and Children (Scotland) Act 2007.

Appointed day

2.—(1) The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule to this Order is 7th April 2008.

(2) The subject matter of each provision of the Act is listed in column 2 of the Schedule.

(3) Where a particular purpose is specified in column 3 of the Schedule, in relation to a provision, that provision only comes into force for the purpose specified in that column.

ADAM INGRAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th March 2008

Article 2

SCHEDULE

Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 2(3)Carrying out of duties imposed by section 1Only in relation to the definition of “registered adoption service” in section 119(1) of the Act
Section 119(1)Interpretation
Section 120(1)Minor and consequential amendments and repealsOnly in relation to paragraph 9(1) and (5) of Schedule 2 to the Act
Schedule 2 paragraph 9(1) and (5)Minor and consequential amendments to the Children (Scotland) Act 1995(2)

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Adoption and Children (Scotland) Act 2007 (“the Act”). Article 2(1) brings into force, on 7th April 2008, all the provisions of the Act listed in the Schedule to the Order.

Section 120(1) of, and paragraph 9(1) and (5) of Schedule 2 to, the Act brings into force an amendment to section 44 (prohibition of publication of proceedings at children’s hearing) of the Children (Scotland) Act 1995 (c. 36) (“the 1995 Act”). New subsection (6) is inserted into section 44 of the 1995 Act with the effect that the bar on publicity around children subject to children’s hearing proceedings is amended to ensure that the bar does not apply where the publicity is for the purpose of making arrangements in relation to the child.

The interpretation provision in section 119(1) of the Act is also brought into force, as is section 2(3) in relation to the definition of “registered adoption service” in section 119(1). This is the first Commencement Order in respect of the Act. Sections 116, 117 and 121 came into force on Royal Assent (15th January 2007).

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