2 Amendment of the Adoption Agencies (Scotland) Regulations 2009
1 The Adoption Agencies (Scotland) Regulations 2009 are amended as follows.
S.S.I. 2009/154.
2 In regulation 16(5)(b) (provision of information to parents: decision by adoption agency to make arrangements for adoption), after “section 4” insert “or 4A”.
3 In regulation 17(5)(b) (provision of information to parents: decision of adoption agency that an application under section 80 of the Act should be made), after “section 4” insert “or 4A”.
4 In regulation 18(3) (duties of adoption agencies: placing the child for adoption) for “an” substitute “on”.
5 After regulation 23 (application for a permanence order: child subject to supervision requirement) insert—

“23A Proposed application for permanence order: notification under section 105 of the Act
1 This regulation applies where a local authority is under a duty to give notice under section 105 of the Act that it—
(a) proposes to apply for a permanence order; or
(b) is required to make an application by virtue of regulation 21(2) or 23(6).
2 The information prescribed for the purpose of section 105(2)(b) of the Act is—
(a) the date the local authority intends to make the application;
(b) whether the authority intends to seek provision granting authority for the child to be adopted;
(c) the ancillary provisions which the authority intends to seek in its application in terms of section 82 of the Act; and
(d) the court which will receive the application.”

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6 After regulation 25 (duties of adoption agency following placement for adoption) insert—

“25A Proposed application for adoption order: notification under section 105 of the Act
1 This regulation applies where a local authority is under a duty to give notice under section 105 of the Act that an application for an adoption order has been, or is to be, made.
2 The information prescribed for the purpose of section 105(2)(b) of the Act is—
(a) where the application has been lodged—
(i) the court which received the application; and
(ii) the date of the preliminary hearing if known to the local authority; or
(b) where the application has not been lodged—
(i) the court which will receive the application if known to the authority; and
(ii) when the prospective adopters intend to make the application for the adoption order if known to the authority.”

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7 In paragraph 7(c) of Schedule 2 (memorandum: adoption of children) and paragraph 6(c) of Schedule 5 (memorandum: application for permanence order with authority for a child to be adopted) for “able” substitute “unable”.