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

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Cases in progress under the Agencies Regulations 1996

5.—(1) This article applies where a case is still in progress on the appointed day under a provision of the Agencies Regulations 1996.

(2) Any action or decision under a provision of the Agencies Regulations 1996 will, on or after the appointed day, be treated as if it were an action or decision under the corresponding provision of the Agencies Regulations 2009.

(3) Where, before the appointed day, an adoption panel has considered—

(a)whether adoption is in the best interests of the child;

(b)whether a prospective adopter is suitable to adopt a child; or

(c)whether a prospective adopter would be a suitable adoptive parent for a particular child,

and no decision on that question has been made by the adoption agency before the appointed day, the Agencies Regulations 1996 continue to apply for the purposes of making that decision.

(4) Where an adoption agency makes a decision under the Agencies Regulations 1996 (whether before the appointed day or, by virtue of paragraph (3), on or after that day) that a prospective adopter is suitable to adopt a particular child—

(a)the Agencies Regulations 1996 continue to apply for the purposes of placing the child with the prospective adopter; and

(b)any such placement will be treated as if it were made under the Agencies Regulations 2009.

(5) Where an adoption agency makes a decision under the Agencies Regulations 1996 (whether before the appointed day or, by virtue of paragraph (3), on or after that day) that a prospective adopter is not suitable to be an adoptive parent—

(a)the Agencies Regulations 1996 continue to apply for the purposes of providing notification of its decision; and

(b)regulations 8 (approval of prospective adopters) and 9 (review of adoption agency decisions) of the Agencies Regulations 2009 will not apply.

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