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

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25.—(1) After the granting of an adoption order or order under section 59 of the 2007 Act, the court process must, immediately upon the communication under rule 23 being made or, in the event of an extract of the order being issued under rule 24, immediately upon such issue, be sealed by the sheriff clerk in an envelope marked “Confidential”.

(2) The envelope referred to in paragraph (1) is not to be unsealed by the sheriff clerk or by any other person having control of the records of that or any court, and the process is not to be made accessible to any person for one hundred years after the date of the granting of the order except—

(a)to an adopted child who has attained the age of 16 and to whose adoption the process refers;

(b)to the sheriff clerk, on an application being made to him by an adoption agency, and with the consent of the adopted person for the purpose only of ascertaining the name of the agency, if any, responsible for the placement of that person and informing the applicant of that name;

(c)to a person on the granting of an application made by him to the sheriff setting forth the reason for which access to the process is required;

(d)to a court, public authority or administrative board (whether in the United Kingdom or not) having power to authorise an adoption, on petition by it to the court which granted the original order requesting that information be made available from the process for the purpose of discharging its duties in considering an application for adoption and specifying the precise reason for which access to the process is required;

(e)to a person who is authorised by the Scottish Ministers to obtain information for the purposes of such research as is intended to improve the working of adoption law and practice.

(3) The sheriff clerk must—

(a)where the court also makes an order under section 36(2) (revocation of supervision requirement) of the 2007 Act, intimate that order to the Principal Reporter; and

(b)where appropriate, intimate the making of an adoption order or order under section 59 of the 2007 Act to the court by which—

(i)an order freeing the child for adoption was made; or

(ii)a permanence order with provision granting authority for the child to be adopted was made.

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