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

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the fourth Commencement Order made under the Adoption and Children (Scotland) Act 2007 (“the Act”). It also makes transitional and savings provisions.

Part I deals with citation and interpretation.

Part II, article 2 brings all those provisions of the Act which are not already in force into effect on 28th September 2009.

Part III makes transitional and savings provision.

Chapter 1 of Part III concerns adoption. Article 3 saves the provisions of the Adoption (Scotland) Act 1978 (“the 1978 Act”) in cases where an application for an adoption order is made before 28th September 2009 but has not yet been determined by the court or where the court has postponed the determination of such an application and granted an interim order.

Article 4 saves sections 28 and 29 of the 1978 Act in cases where an application for an adoption order under that Act has not yet been determined.

Article 5 applies to cases where an adoption order has not yet been made but the case is being progressed under the Adoption Agencies (Scotland) Regulations 1996. Any action or decision taken under those Regulations will be deemed to have been taken under the corresponding provision of the Adoption Agencies (Scotland) Regulations 2009 subject to the exceptions set out in paragraphs (3), (4) and (5).

Chapter 2 of Part III makes transitional and savings provision for intercountry adoption. Article 6 saves the provisions of the 1978 Act and the Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 where an application for a Convention adoption order has been made before the appointed day and not yet determined by the court. Article 7 applies to cases being progressed under those Regulations. Articles 8 and 9 apply to adoptions outwith the scope of the Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption(1). Articles 10 and 11 save the provisions of the 1978 Act for applications made under section 47 or 49 of that Act which have not yet been determined. Article 12 saves the Adoption (Designation of Overseas Adoption) Order 1973 which designates as an overseas adoption those adoptions effected under the law of countries outwith the British Islands, but excluding Hague Convention adoptions.

Chapter 3 of Part III makes provision for cases where a child is subject to a parental responsibilities order made under the Children (Scotland) Act 1995. Article 13 provides that on the appointed day all such orders will be deemed to be permanence orders under the Act. Article 14 makes savings provision for applications for parental responsibilities orders which have not yet been determined by the court. Article 15 makes provision for cases where an application is made to vary, amend or revoke the deemed permanence order.

Chapter 4 of Part III makes provision for freeing orders granted under the 1978 Act. Such orders will continue to have effect until 28th September 2010 unless an adoption order is made in respect of the child (article 16) after which time they will become deemed permanence orders granting authority for the child to be adopted (article 17). Article 18 makes savings provision for applications for freeing orders which have not yet been determined by the court. Article 19 saves the provisions of the 1978 Act where an application to revoke a freeing order has been made but not yet determined. Article 20 applies section 31 of the Act with modifications where a child is subject to a freeing order and an application for an adoption order is subsequently made under the Act. Article 21 makes provision for cases where an application is made to vary or revoke the deemed permanence order.

(1)

Concluded at The Hague on 29th May 1993.

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