SCHEDULE 2STHE RULES OF THE COURT OF SESSION 1994

Other proceedings in relation to statutory applicationsS

CHAPTER 67SAPPLICATIONS UNDER THE ADOPTION (SCOTLAND) ACT 1978

PART IVSCONVENTION ADOPTION ORDERS
Revocation or annulment of regulated adoptionsS

67.41.—(1) This rule applies to an application for an order under section 46(2) (revocation of regulated adoption), or section 47 (annulment etc. of regulated adoption, Convention adoption order or overseas adoption), of the Act of 1978.

(2) An application mentioned in paragraph (1) shall be made by petition.

(3) An application under section 47(1) of the Act of 1978 (annulment) shall not, except with the leave of the court, be made later than two years after the date of the regulated adoption F1... to which it relates.

(4) Where the adopted person is under the age of 18 years on the date of the presentation of a petition under this rule, the court shall appoint a curator ad litem with the duties mentioned in rule 67.24(2).

(5) On the court pronouncing an interlocutor making an order referred to in paragraph (1), the Deputy Principal Clerk shall–

(a)send a notice of the order to the Registrar General for Scotland specifying–

(i)the date of the adoption;

(ii)the name and address of the authority which granted the adoption;

(iii)the names of the adopter or adopters and of the adopted person as given in that petition;

(iv)the country in which the adoption was granted;

(v)the country of which the adopted person is a national; and

(vi)the country in which the adopted person was born; and

(b)where any such country is a Convention country, request the Registrar General for Scotland to inform the designated authorities of that country of the terms of the order.

Textual Amendments

Commencement Information

I1Sch. 2 rule 67.41 in force at 5.9.1994, see para. 1(1)