Search Legislation

The Adoptions with a Foreign Element (Scotland) Regulations 2009

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Proposed placement: functions of adoption panel and adoption agency

This section has no associated Executive Note

46.—(1) The adoption panel must consider the proposed placement referred to it by an adoption agency under regulation 45(7) and make a recommendation to the agency as to whether–

(a)the Convention prospective adopter is suitable to be an adoptive parent for the child; and

(b)the proposed placement is in the best interests of the child.

(2) In considering what recommendation to make under paragraph (1), the adoption panel–

(a)must have regard to–

(i)the child’s upbringing and ethnic, religious and cultural background;

(ii)the duties imposed on the adoption agency by section 14 of the Act (considerations applying to the exercise of powers); and

(iii)the documents referred to it under regulation 45(7);

(b)may ask the adoption agency to obtain any other relevant information which the panel considers necessary; and

(c)may obtain legal advice in relation to the case.

(3) The adoption agency must–

(a)take into account the recommendation of the adoption panel in coming to a decision (“the decision”) about whether the proposed placement should proceed or not; and

(b)make the decision within 14 days of the date the recommendation was made.

(4) No member of the adoption panel which made the recommendation is to take part in the decision.

(5) Paragraphs (6) to (8) apply where the decision is that the proposed placement should proceed.

(6) The adoption agency must, if practicable, within 7 days of making the decision, notify in writing the parent or guardian of the child, and any individual who has any parental responsibilities or parental rights in relation to the child, that the child has been or, as the case may be, is to be placed for adoption in a Convention country outwith the British Islands.

(7) Where the adoption agency is a local authority it must–

(a)make an application to the appropriate court(1) for a permanence order; and

(b)in the application, request that the order include–

(i)ancillary provisions vesting in the local authority the parental responsibilities and parental rights referred to in paragraph (a) of subsection (1) of section 82 of the Act (permanence orders: ancillary provisions); and

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

(8) Where the adoption agency is not a local authority, the agency must notify the local authority for the area where the child has a home of its decision; and that local authority must make an application and request as mentioned in paragraph (7).

(9) An application under paragraph (7) must be made–

(a)where notification is given under paragraph (6), within 28 days of the adoption agency giving such notification;

(b)where notification is not given under that paragraph, within 28 days of the adoption agency making the decision.

(10) An application under paragraph (8) must be made within 28 days of the local authority being notified under that paragraph.

(1)

“appropriate court” is defined in section 118 of the 2007 Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources