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Adoption (Scotland) Act 1978

Status:

This is the original version (as it was originally enacted).

65Interpretation

(1)In this Act, unless the context otherwise requires—

  • " adoption agency " in sections 11, 13, 18 to 23 and 27 includes an adoption agency within the meaning of section 1 of the [1976 c. 36.] Adoption Act 1976 (adoption agencies in England and Wales);

  • " adoption order " means an order under section 12(1) and, in sections 12(3) and (4), 18 to 20 and 30 to 32, includes an order under section 12 of the Adoption Act 1976 (adoption orders in England and Wales);

  • " adoption society " means a body of persons whose functions consist of or include the making of arrangements for the adoption of children ;

  • " approved adoption society " means an adoption society approved under Part I and, in sections 30 and 45, includes an adoption society approved under Part I of the Adoption Act 1976 ;

  • " authorised court " shall be construed in accordance with section 56;

  • " body of persons " means any body of persons, whether incorporated or unincorporated;

  • " British adoption order " means an adoption order, an order under section 12 of the Adoption Act 1976 or any provision for the adoption of a child effected under the law of Northern Ireland or any British territory outside the United Kingdom;

  • " British territory " means, for the purposes of any provision of this Act, any of the following countries, that is to say, Great Britain, Northern Ireland, the Channel Islands, the Isle of Man and a colony, being a country designated for the purposes of that provision by order of the Secretary of State or, if no country is so designated, any of those countries ;

  • " child ", except where used to express a relationship, means a person who has not attained the age of 18 years ;

  • " the Convention " means the Convention relating to the adoption of children concluded at The Hague on 15th November 1965 and signed on behalf of the United Kingdom on that date ;

  • " Convention adoption order " means an adoption order made in accordance with section 17(1);

  • " Convention country " means any country outside British territory, being a country for the time being designated by an order of the Secretary of State as a country in which, in his opinion, the Convention is in force;

  • " England " includes Wales ;

  • " guardian " means—

    (a)

    a person appointed by deed or will in accordance with the provisions of the Guardianship of Infants Acts 1886 and 1925 or the [1971 c. 3.] Guardianship of Minors Act 1971 or by a court of competent jurisdiction to be the guardian of the child, and

    (b)

    in the case of an illegitimate child, includes the father where he has custody of the child by virtue of an order under section 9 of the Guardianship of Minors Act 1971, or under section 2 of the [1930 c. 33.] Illegitimate Children (Scotland) Act 1930;

  • " internal law " has the meaning assigned by section 64;

  • " local authority " means a regional or islands council and, in sections 13, 22, 28, 30, 31, 35(1) and 45, includes the council of a county (other than a metropolitan county), a metropolitan district, a London borough or the Common Council of the City of London ;

  • " notice " means a notice in writing;

  • " order freeing a child for adoption " means an order under section 18;

  • " overseas adoption " has the meaning assigned by subsection (2);

  • " place of safety " means any residential or other establishment provided by a local authority, a police station, or any hospital, surgery or other suitable place the occupier of which is willing temporarily to receive a child;

  • " prescribed " means prescribed by act of sederunt;

  • " Registrar General for Scotland " means the Registrar General of Births, Deaths and Marriages for Scotland ;

  • " regulated adoption " means an overseas adoption of a description designated by an order under subsection (2) as that of an adoption regulated by the Convention ;

  • " relative " in relation to a child means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by affinity and includes, where the child is illegitimate, the father of the child and any person who would be a relative within the meaning of this definition if the child were the legitimate child of his mother and father;

  • " rules " means rules made by act of sederunt;

  • " specified order " means any provision for the adoption of a child effected under enactments similar to section 12(1) and 17 in force in Northern Ireland or any British territory outside the United Kingdom;

  • "United Kingdom national " means, for the purposes of any provision of this Act, a citizen of the United Kingdom and Colonies satisfying such conditions, if any, as the Secretary of State may by order specify for the purposes of that provision;

  • " voluntary organisation " means a body, other than a public or local authority, the activities of which are not carried on for profit.

(2)In this Act " overseas adoption " means an adoption of such a description as the Secretary of State may by order specify, being a description of adoptions of children appearing to him to be effected under the law of any country outside Great Britain; and an order under this subsection may contain provision as to the manner in which evidence of an overseas adoption may be given.

(3)For the purposes of this Act, a person shall be deemed to make arrangements for the adoption of a child if he enters into or makes any agreement or arrangement for, or for facilitating, the adoption of the child by any other person, whether the adoption is effected, or is intended to be effected, in Great Britain or elsewhere, or if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor, or if he causes another person to do so.

(4)Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(5)In this Act, except where otherwise indicated—

(a)a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and

(b)a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and

(c)a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered.

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