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Adoption (Scotland) Act 1978

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This is the original version (as it was originally enacted).

Section 66.

SCHEDULE 2Transitional Provisions and Savings

General

1In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act it shall not be invalidated by the repeal but shall have effect as if done under that provision.

2Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

3Nothing in this Act shall affect the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.

4Any reference in any enactment or document, whether express or implied, to an enactment repealed by this Act shall, unless the context otherwise requires, be construed as a reference to the corresponding enactment in this Act.

Existing adoption orders

5(1)Without prejudice to paragraph 1, an adoption order made under an enactment at any time before this Act comes into force shall not cease to have effect by virtue only of a repeal effected by this Act.

(2)Paragraph 4(1) and (2) of Schedule 1 shall apply in relation to an adoption order made before this Act came into force as if the order had been made under section 12, but as if, in sub-paragraph (1)(b) of the said paragraph 4, there were substituted for the reference to paragraph 1(5) and (6) a reference—

(a)in the case of an order under the [1950 c. 26.] Adoption Act 1950, to section 20(4) and (5) of that Act,

(b)in the case of an order under the [1958 c. 5. (7 & 8 Eliz. 2.).] Adoption Act 1958, to section 23(4) and (5) of that Act.

(3)The power of the court under the said paragraph 4(1) to amend an order includes power, in relation to an order made before 1st April 1959, to make on the application of the adopter or adopted person any such amendment of the particulars contained in the order as appears to be required to bring the order into the form in which it would have been made if paragraph 1 of Schedule 1 had applied to the order.

(4)Section 46(1) and paragraph 6 of Schedule 1 shall apply in relation to an adoption order made under an enactment at any time before this Act came into force as they apply in relation to an adoption order made under this Act.

Payments relating to adoptions

6Section 51(8), (9) and (10) shall not have effect if, immediately before section 51 comes into force, there is in force in Scotland an order under section 50(8) of the Adoption Act 1958.

Registers of adoptions

7Any register or index to a register kept under the Adoption Act 1958, or any register or index deemed to be part of such a register, shall be deemed to be part of the register or index kept under section 45.

Commencement of Act

8An order under section 67(2) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provision of this Act then in force or any provision of the Adoption Act 1958 or the [1975 c. 72.] Children Act 1975 as appear to him to be necessary or expedient in consequence of the partial operation of this Act.

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