The power conferred on the court by section 5 of the [1958 c. 5 (7 & 8 Eliz. 2).] Adoption Act 1958 to dispense with certain consents required by section 4 of that Act shall be extended to the case where a minor is incapable of giving his consent to the making of an order for his adoption, and accordingly at the end of the said section 5 there shall be added the following subsection—
“(5)Where the court in Scotland is satisfied, upon an application for an adoption order in respect of an infant who is a minor, that the infant is incapable of giving his consent to the making of the order, it may dispense with that consent.”