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(1)In this group of sections—
(a)“organisation” includes a public body and a private or voluntary organisation,
(b)“prescribed” means prescribed by an Order under section 125,
(c)“the register” means the Adoption and Children Act Register,
(d)“Scottish local authority” means a local authority within the meaning of the Regulation of Care (Scotland) Act 2001 (asp 4),
(e)“voluntary organisation providing a registered adoption service” has the same meaning as in section 144(3).
(2)For the purposes of this group of sections—
(a)a child is suitable for adoption if an adoption agency is satisfied that the child ought to be placed for adoption,
(b)prospective adopters are suitable to adopt a child if an adoption agency is satisfied that they are suitable to have a child placed with them for adoption.
(3)Nothing authorised or required to be done by virtue of this group of sections constitutes an offence under section 93, 94 or 95.
(4)No recommendation to make an Order under section 125 is to be made to Her Majesty in Council unless a draft has been laid before and approved by resolution of each House of Parliament.
(5)If any provision made by an Order under section 125 would, if it were included in an Act of the Scottish Parliament, be within the legislative competence of that Parliament, no recommendation to make the Order is to be made to Her Majesty in Council unless a draft has been laid before, and approved by resolution of, the Parliament.
(6)No recommendation to make an Order under section 125 containing any provision in respect of the register is to be made to Her Majesty in Council if the register applies to Wales or the Order would provide for the register to apply to Wales, unless a draft has been laid before, and approved by resolution of, the Assembly.
(7)No recommendation to make an Order under section 125 containing any provision by virtue of section 127 is to be made to Her Majesty in Council if any payment agency provision applies to Wales or the Order would provide for any payment agency provision to apply to Wales, unless a draft has been laid before, and approved by resolution of, the Assembly.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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