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The Scotland’s Adoption Register Regulations 2016

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2.—(1) In these Regulations—

“the 2009 Regulations” means the Adoption Agencies (Scotland) Regulations 2009(1);

the Act” means the Adoption and Children (Scotland) Act 2007;

“child who ought to be placed for adoption” means a child—

(a)

in respect of whom an adoption agency has decided under the 2009 Regulations that adoption is in the child’s best interests;

(b)

in respect of whom an adoption agency has decided under the 2009 Regulations that an application for a permanence order granting authority for the child to be adopted should be made under section 80 of the Act; or

(c)

who an adoption agency mentioned in paragraph (b) of the definition of “adoption agency” in section 119(1) of the Act(2) is satisfied ought to be placed for adoption; and

“prospective adopter” means a person—

(a)

who an adoption agency has decided under the 2009 Regulations is suitable to be an adoptive parent; or

(b)

with whom an adoption agency mentioned in paragraph (b) of the definition of “adoption agency” in section 119(1) of the Act is satisfied is suitable to have a child placed for adoption.

(2) Where the Scottish Ministers have made arrangements with an organisation under section 13B(1) of the Act, references in these Regulations to “the Scottish Ministers” are to be read as references to a registration organisation(3).

(2)

Paragraph (b) of the definition of “adoption agency” in section 119(1) of the Act provides that for the purpose of section 13A of the Act this includes an adoption agency within the meaning of section 2(1) of the Adoption and Children Act 2002 (c.38) and an adoption agency within the meaning of Article 3 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203).

(3)

Section 13B(1) of the Act provides that the Scottish Ministers may authorise an organisation to perform their functions in respect of the Register. Section 13B(3) defines such an organisation as a “registration organisation”.

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