The Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Amendment Order 2012

Citation and commencement

1.  This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Commencement No.  4, Transitional and Savings Provisions) Amendment Order 2012 and comes into force on 7th May 2012.

Amendment

2.—(1) The Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009(1) is amended as follows.

(2) In article 16(2) (freeing orders made before the appointed day)—

(a) after “shall” insert “subject to articles 17 and 18”; and

(b) omit “until 28th September 2010”.

(3) In article 18 (applications for freeing orders under the 1978 Act)—

(a) the existing provision becomes paragraph (1); and

(b) after paragraph (1) insert—

“(2) Where an application continues by virtue of paragraph (1) and a freeing order is granted by the court on or after 28th September 2010 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.”.

(4) In article 21(1) (applications to vary or revoke a deemed permanence order) for “or 19(2)” substitute “, 18(2) or 19(2)”.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th March 2012