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Adoption of Children Act 1949

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This is the original version (as it was originally enacted).

15Application to Scotland

This Act shall in its application to Scotland have effect subject to the following modifications:—

(a)for any reference to the Adoption of Children Act, 1926, there shall be substituted a reference to the Adoption of Children (Scotland) Act, 1930; for any reference to the Children and Young Persons Act, 1933, there shall be substituted a reference to the Children and Young Persons (Scotland) Act, 1937; for any reference to an infant there shall be substituted a reference to a child; for references to compulsory school age and to the Education Act, 1944, there shall-be substituted references to school age and to the Education (Scotland) Act, 1946 ; and for any reference to an affiliation order there shall be substituted a reference to a decree of affiliation and aliment;

(b)for subsection (2) of section one of this Act there shall be substituted the following subsection :—

(2)An adoption order may be made in respect of a child resident in Scotland who is not a British subject, and accordingly subsection (5) of section two of the Adoption of Children (Scotland) Act, 1930, shall have effect as if for paragraph (b) there were substituted the following paragraph:—

' (b) in respect of any child who is not resident in Scotland.';

(c)subsection (1) of section three of this Act shall have effect as if after the words " maintenance of the infant " where these words first occur there were inserted

and except with the consent of the infant, if a minor

and as if after the word " subsection " there were inserted

except the consent of an infant

; in subsection (2), after the word " person " where that word first occurs, there shall be inserted the words

other than the consent of an infant;

and in subsection (3), for the words " admissible as evidence " there shall be substituted the words

sufficient evidence, and for the words " admissible as aforesaid " the words " sufficient evidence as aforesaid ", for any reference to rules there shall be substituted a reference to an Act of Sederunt and any reference to a justice of the peace shall include a reference to the sheriff ;

(d)for subsection (1) of section seven of this Act there shall be substituted the following subsection:—

(1)For the purposes of the Adoption of Children (Scotland) Act, 1930, and the Act of 1939 the expression ' local authority' means the council of a county or a large burgh within the meaning of the Local Government (Scotland) Act, 1947, and any small burgh within the meaning of that Act shall be included in the county in which it is situate.;

(e)sections nine and ten of this Act shall not affect the law of Scotland relating to the distribution of the moveable estate of a person dying domiciled in Scotland or the devolution of heritable property situated in Scotland;

(f)for section twelve of this Act there shall be substituted the following section—

(1)Every adoption order made after the commencement of this Act shall contain a direction to the Registrar General of Births, Deaths and Marriages in Scotland (hereinafter referred to as ' the Registrar General for Scotland ') to include in the entry in the Adopted Children Register the country of the birth of the child; and accordingly column 2 of the Schedule to the principal Act shall have effect as if the heading to that column were omitted and there were inserted the words ' Date and Country of Birth,'

(2)For the purposes of compliance with the requirements of subsection (2) of section eleven of the principal Act where the precise date of the child's birth is not proved to the satisfaction of the court, the court shall determine the probable date of his birth arid the date so determined shall be specified in the order as the date of his birth; and where the country of the birth of the child is not proved to the satisfaction of the court, the particulars of that country may, notwithstanding anything in that subsection, be omitted from the order and from the entry in the Adopted Children Register.

(3)Where upon any application for an adoption order in respect of a child (not being a child who has previously been the subject of an adoption order) there is proved to the satisfaction of the court the identity of the child with a child to which an entry in the Register of Births, Deaths and Marriages relates, any adoption order made in pursuance of the application shall contain a direction to the Registrar General for Scotland to cause the entry in the Register of Births, Deaths and Marriages to be marked with the word' adopted.'

(4)Where an adoption order is made in respect of a child who has previously been the subject of an adoption order, the order shall contain a direction to the Registrar General for Scotland to cause the previous entry in the Adopted Children Register to be marked with the word ' re-adopted '.

(5)Where an adoption order is quashed, or an appeal against an adoption order allowed, the court which made the order shall give directions to the Registrar General for Scotland to cancel any marking of an entry in the Register of Births, Deaths and Marriages, and any entry in the Adopted Children Register which was effected in pursuance of the order.

(6)Where the Registrar General for Scotland is notified by the Registrar General that an adoption order has been made under the Adoption of Children Act, 1926, in respect of an infant to whom an entry in the Register of Births, Deaths and Marriages or the Adopted Children Register maintained by the Registrar General for Scotland relates, the Registrar General for Scotland shall cause the entry to be marked ' adopted (England and Wales)' or, as the case may be 're-adopted (England and Wales)'; and where after an entry has been marked in pursuance of this subsection the Registrar General for Scotland is notified as aforesaid that the adoption order has been quashed, or that an appeal against the adoption order has been allowed, he shall cause the marking to be cancelled.

(7)An extract of an "entry in the Register of Births, Deaths and Marriages or the Adopted Children Register maintained by the Registrar General for Scotland the marking of which is cancelled under this section shall be deemed to be an accurate extract if and only if both the marking and the cancellation are omitted therefrom.

(8)The court by which an adoption order has been made may, on the application of the adopter or of the adopted person amend the order by the correction of any error in the particulars contained therein ; and where an adoption order is so amended the clerk of the court shall cause the amendment to be communicated in the prescribed manner to the Registrar General for Scotland and any necessary correction of or addition to the Adopted Children Register shall be made accordingly.

(9)In the case of an adoption order made before the commencement of this Act, the power of the court under the last foregoing subsection shall include power to amend the order—

(a)by the insertion of the country of the adopted person's birth;

(b)(where the order does not specify a precise date as the date of the adopted person's birth) by the insertion of the date which appears to the court to be the date or probable date of his birth;

and the provisions of that subsection shall have effect accordingly.

(10)Subsection (4) of section eleven of the principal Act shall cease to have effect; and subsection (6) of the said section eleven (which relates to extracts of entries in the Adopted Children Register) shall have effect as if after the words 'the date of the birth,' in both places where those words occur in paragraph (b) of the subsection, there were inserted the words ' or the country of the birth ';

(g)in section fourteen, for the definition of "adoption Order" there shall be substituted the following definition:— ' adoption order ' means an order under section one of the principal Act and includes in sections eight, eleven and thirteen of this Act, an order authorising an adoption under the Adoption of Children Act, 1926, or the Adoption of Children Act (Northern Ireland), 1929, Or any enactment of the Parliament of. Northern Ireland for the time being in ' force

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