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

Where, before the appointed day, an application for an adoption order has been made under section 14 (adoption by married couple) or 15 (adoption by one person)12 of the 1978 Act and not yet determined the provisions of that Act continue to have effect in respect of that application.

Where a court has postponed the determination of an application for an adoption order made under the 1978 Act and granted an order under section 25 (interim orders)13 of that Act, that order will continue to have effect.

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

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.

This article applies where a case is still in progress on the appointed day under a provision of the Hague Convention Regulations.

Any action or decision under a provision of the Hague Convention Regulations will, on or after the appointed day, be treated as if it were an action or decision under the corresponding provision of the Foreign Element Regulations.

Where an adoption agency makes a decision under the Hague Convention Regulations (whether before the appointed day or, by virtue of paragraph (3), on or after that day) that a prospective adopter is not suitable to adopt a child, regulation 8(4) to (9) (adoption agency decision, notification and review procedure) of the Hague Convention Regulations will apply.

This article applies where a case is still in progress on the appointed day under a provision of the Overseas Adoption Regulations.

Any action or decision under a provision of the Overseas Adoption Regulations will, on or after the appointed day, be treated as if it were an action or decision under the corresponding provision of the Foreign Element Regulations.

Paragraphs (4) and (5) apply where, before the appointed day, the prospective adopter has received notification from the Secretary of State that the Secretary of State is prepared to issue the certificate referred to in regulation 3(2)(c) of the Overseas Adoption Regulations.

Where the prospective adopter has visited the child but the child has not entered the United Kingdom before the appointed day regulation 4(2)(b) to (d) of the Foreign Element Regulations will not apply.

Where the child has entered the United Kingdom but the prospective adopter has not, before the appointed day, given notice of intention to adopt in accordance with regulation 3(3) of the Overseas Adoption Regulations, regulation 4(2)(b) to (d) and (3) of the Foreign Element Regulations will not apply.

This article applies where notice of intention to adopt is given before the appointed day by a prospective adopter in accordance with regulation 3(3) of the Overseas Adoption Regulations.

For the purposes of regulation 5(1)(b) of the Foreign Element Regulations notice is deemed to have been given in accordance with section 18(2) (notification to local authority of adoption application) of the Act.

Where the local authority has not visited the child and the prospective adopter before the appointed day and more than one week has elapsed since the receipt of the notice referred to in paragraph (1) the date of receipt of that notice is deemed to be 28th September 2009 for the purposes of regulation 5(2)(f) and (g) of the Foreign Element Regulations.

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.

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

Where, before the appointed day, an application for a parental responsibilities order has been made to the sheriff under section 86(1) of the 1995 Act and not yet determined sections 86 to 89 of that Act continue to have effect in respect of that application.

Where the sheriff makes a parental responsibilities order following an application referred to in paragraph (1) the child who is subject to that order shall be treated as if they were subject to a permanence order and article 13(2) and (3) applies to that deemed permanence order.

This article applies where a child is subject to a permanence order by virtue of article 13(1) or 14(2) and an application to vary, amend or revoke the permanence order is made under section 92 (variation of ancillary provisions in order), 93 (amendment of order to grant authority for child to be adopted) or 98 (revocation) of the Act.

Section 92 of the Act applies as if for paragraph (d) of subsection (3) there were substituted—

Section 93 of the Act applies as if for paragraph (b) in subsection (6) in the definition of “parent” there were substituted—

For the purposes of section 98(2)(b) of the Act the reference to any other person affected by the order includes any person in whom were vested any parental responsibilities or parental rights which, by virtue of the making of a parental responsibilities order in respect of the child, vest in a local authority.

Subject to section 35 (effect of order on existing rights etc.) of the Act the freeing order shall continue to have effect until 28th September 2010.

Despite their repeal the provisions of the 1978 Act continue to have effect as they did immediately before the appointed day to the extent required for the purposes of paragraph (2).

Where, immediately before 28th September 2010 a child is subject to a freeing order by virtue of article 16 that child shall be treated as if they were subject to a permanence order.

In this article “local authority” means the authority in whom the parental responsibilities and parental rights in relation to the child were transferred by virtue of the freeing order or a variation thereof granted under section 2125 (variation of section 18 order so as to substitute one adoption agency for another) of the 1978 Act.

Where an application to revoke a freeing order under section 20 of the 1978 Act has been made immediately before 28th September 2010 and not yet determined by the court, the provisions of the 1978 Act have effect in respect of that application.

Where paragraph (1) applies and the court determines not to revoke the freeing order the child who is subject to that freeing order shall be treated as if they were subject to a permanence order and article 17(2) and (3) applies to that deemed permanence order.

This article applies where an application is made for an adoption order under section 29 (adoption by certain couples) or 30 (adoption by one person) of the Act in respect of a child who is subject to a freeing order.

Section 31 (parental etc. consent) of the Act applies as if for subsection (7) there were substituted—

This article applies where a child is subject to a permanence order by virtue of article 17(1) or 19(2) and an application to vary or revoke the permanence order is made under section 92 or 98 of the Act.

Section 92 of the Act applies as if for paragraph (d) of subsection (3) there were substituted—

For the purposes of section 98(2)(b) of the Act the reference to any other person affected by the order includes any person in whom were vested any parental responsibilities or parental rights which, by virtue of the making of a freeing order in respect of the child, vest in a local authority.