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Adoption (Scotland) Act 1978, Section 41 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Section 39 does not apply in determining the forbidden degrees of consanguinity and affinity in respect of the law relating to marriage [F1, to the eligibility of persons to register as civil partners of each other] or in respect of the crime of incest, except that, on the making of an adoption order, the adopter and the child shall be deemed, for all time coming, to be within the said forbidden degrees in respect of the law relating to marriage [F2, to such eligibility and to incest].
(2)F3. . . section 39 does not apply for the purposes of any provision of—
(a)[F4the British Nationality Act 1981],
(b)the M1Immigration Act 1971,
(c)any instrument having effect under an enactment within paragraph (a) or (b), or
(d)any other law for the time being in force which determines [F5British citizenship, British Dependent Territories citizenship [F6, the status of a British National (Overseas)] or British Overseas citizenship.]
(3)–(5)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 41(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 86(10)(a), 263(3); S.S.I. 2005/604, art. 2(b)
F2Words in s. 41(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 86(10)(b), 263(3); S.S.I. 2005/604, art. 2(b)
F3Words repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9
F4Words substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(6), Sch. 7
F5Words substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(6), Sch. 7
F6Words inserted by S.I. 1986/948, art. 8, Sch.
F7S. 41(3)–(5) repealed by Social Security Act 1988 (c. 7, SIF 113:1), ss. 16, 19(3), Sch. 5
Modifications etc. (not altering text)
C1S. 41(1) modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 8
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