The Adoption (Recognition of Overseas Adoptions) (Scotland) Amendment Regulations 2013

This Statutory Instrument has been made in consequence of a defect in S.S.I. 2013/310 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2013 No. 335

Children And Young Persons

The Adoption (Recognition of Overseas Adoptions) (Scotland) Amendment Regulations 2013

Made

20th November 2013

Laid before the Scottish Parliament

22nd November 2013

Coming into force

3rd January 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 67(1) and 117(3) of the Adoption and Children (Scotland) Act 2007(1), and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Adoption (Recognition of Overseas Adoptions) (Scotland) Amendment Regulations 2013 and come into force on 3rd January 2014.

Amendment of the Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013

2.  In regulation 3 of the Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013(2)—

(a)in paragraph (a) omit “and”; and

(b)at the end of paragraph (b) insert—

; and

(c)it is an adoption effected on or after the coming into force of these Regulations..

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th November 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations correct the defect in the Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013 (“the 2013 Regulations”) and come into force on 3rd January 2014.

Regulation 3 of the 2013 Regulations provides that an adoption of a child is specified as an overseas adoption if it is an adoption effected under the law of a country or territory listed in the Schedule to the Regulations and it is not a Convention adoption.

Regulation 2 amends regulation 3 of the 2013 Regulations to make it clear that an overseas adoption as specified in that regulation will only be recognised if it is effected on or after the coming into force date of the 2013 Regulations, which is also 3rd January 2014.