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The Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009

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Parental responsibilities orders made before the appointed day: deemed permanence order

13.—(1) A child who is subject to a parental responsibilities order immediately before the appointed day shall be treated as if they were subject to a permanence order.

(2) The permanence order will be deemed to consist of—

(a)the mandatory provision specified in section 81(1) (permanence order: mandatory provision) of the Act;

(b)the following ancillary provisions specified in section 82(1) (permanence orders: ancillary provisions) of the Act vesting in the local authority:—

(i)the parental responsibilities mentioned in section 1(1) (parental responsibilities) of the 1995 Act(1); and

(ii)the parental rights mentioned in section 2(1) (parental rights) of the 1995 Act(2); and

(c)any condition in the parental responsibilities order imposed under section 86(5) (parental responsibilities order: general) of the 1995 Act which—

(i)specifies arrangements for contact between the child and any other person; or

(ii)determines any question in connection with any parental responsibilities or parental rights in relation to the child or any other aspect of the welfare of the child.

(3) In this article “local authority” means the authority on whose application the parental responsibilities order was made.

(1)

Section 1(1) is prospectively amended by the Human Fertilisation and Embryology Act 2008 c.22, Schedule 6.

(2)

Section 2(1) is prospectively amended by the Human Fertilisation and Embryology Act 2008 c.22, Schedule 6.

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