Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes new procedural rules for applications in the Sheriff Court under the Adoption and Children (Scotland) Act 2007 (“the 2007 Act”) (paragraph 2 and the Schedule).

Chapter 1 of the new rules makes general provision in relation to all applications under the 2007 Act. Chapter 2 makes provision in relation to applications for adoption orders under section 29 and 30 of the 2007 Act and applications under section 59(1) of that Act for orders vesting parental responsibilities and parental rights where the child is to be adopted abroad. Chapter 3 makes provision in relation to applications for Convention adoption orders which are made by virtue of the Adoptions with a Foreign Element (Scotland) Regulations 2009. Chapter 4 makes provision in relation to applications for permanence orders under section 80 of the 2007 Act.

Consequential amendments are also made to Chapters 33 and 33A of the Ordinary Cause Rules to require certain averments to be made in relation to permanence orders where orders are sought under section 11 of the Children (Scotland) Act 1995 and to provide rules for applications for leave under new section 11(3)(aa) of that Act as inserted by section 107 of the 2007 Act (paragraph 3).

Paragraph 4 revokes Chapter 2 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 to the extent required by the revocation by the 2007 Act of the Adoption (Scotland) Act 1978 and makes savings and transitional provision in relation to applications made under that Act but not yet determined prior to commencement of the 2007 Act.