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Adoption (Scotland) Act 1978

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This is the original version (as it was originally enacted).

56Courts

(1)In this Act, " authorised court", as respects an application for an order relating to a child, shall be construed as follows.

(2)Subject to subsections (4) and (5), if the child is in Scotland when the application is made, the following are authorised courts—

(a)the Court of Session ;

(b)the sheriff court of the sheriffdom within which the child is.

(3)If, in the case of an application for an adoption order or for an order freeing a child for adoption, the child is not in Great Britain when the application is made, the Court of Session is the authorised court.

(4)In the case of an application for a Convention adoption order, paragraph (b) of subsection (2) does not apply.

(5)Subsection (2) does not apply in the case of an application under section 29 but for the purposes of such an application the following are authorised courts—

(a)if there is pending in respect of the child an application for an adoption order or an order freeing him for adoption, the court in which that application is pending;

(b)in any other case—

(i)the Court of Session ;

(ii)the sheriff court of the sheriffdom within which the applicant resides.

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