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Introductory Text
Part 1 Adoption
Chapter 1 The adoption service
The adoption service
1.Duty of local authority to provide adoption service
2.Carrying out of duties imposed by section 1
3.Adoption service: regulations
4.Local authority plans
5.Guidance
6.Assistance in carrying out functions under sections 1 and 4
7.Meaning of “adoption service” in Regulation of Care (Scotland) Act 2001
8.Adoption agencies: regulations about carrying out of functions
Adoption support services
9.Assessment of needs for adoption support services
10.Provision of services
11.Urgent provision
12.Power to provide payment to person entitled to adoption support service
Regulations
13.Regulations
Chapter 2 The adoption process
Preliminary
14.Considerations applying to the exercise of powers
Pre-adoption requirements
15.Child to live with adopters before adoption order made
16.Home visits
17.Reports where child placed by agency
18.Notification to local authority of adoption application
19.Notice under section 18: local authority’s duties
Restrictions on removal of children placed for adoption
20.Restrictions on removal: child placed for adoption with consent
21.Restrictions on removal: notice of intention to adopt given
22.Restrictions on removal: application for adoption order pending
23.Restrictions on removal of child looked after by local authority
Return of children
24.Return of child removed in breach of certain provisions
25.Return of child placed for adoption by adoption agency
Adoption not proceeding: arrangements
26.Looked after children: adoption not proceeding
Contravention of sections 30 to 36 of 2002 Act
27.Contravention of sections 30 to 36 of 2002 Act
The making of adoption orders
28.Adoption orders
29.Adoption by certain couples
30.Adoption by one person
31.Parental etc. consent
32.Consent of child aged 12 or over
33.Restrictions on making orders
34.Contravention of section 72 no bar to making order
Effect of order on existing rights etc.
35.Effect of order on existing rights etc.
Revocation of supervision requirement
36.Revocation of supervision requirement
Adoption records
37.Information to be kept about adoptions
38.Disclosure of information kept under relevant enactment
Chapter 3 Status of adopted children
39.Meaning of “adoption” in Chapter 3
40.Status conferred by adoption
41.Miscellaneous enactments
42.Pensions
43.Insurance
44.Succession and inter vivos deeds
Chapter 4 Adoption support plans
Adoption support plans
45.Adoption support plans
46.Duration
47.Family member’s right to require review of plan
48.Other cases where authority under duty to review plan
Reassessment
49.Reassessment of needs for adoption support services
Directions
50.Implementation of plans: directions
Guidance
51.Guidance
52.Regulations about reviews of adoption support plans
Chapter 5 Registration
53.Adopted Children Register and index
54.Searches and extracts
55.Connections between the register and birth records
56.Admissibility of extracts as evidence
57.Interpretation of Chapter 5
Chapter 6 Adoptions with a foreign element
Restrictions on movement of children
58.Restriction on bringing children into the United Kingdom
59.Preliminary order where child to be adopted abroad
60.Restriction on removal of children for adoption outwith Great Britain
61.Regulations under section 58: offences
Adoptions from abroad: special restrictions
62.Declaration of special restrictions on adoptions from abroad
63.Review
64.The special restrictions
65.Imposition of extra conditions in certain cases
Charging
66.Power to charge
Overseas adoptions etc.
67.Meaning of “overseas adoption”
68.Annulment and recognition
69.Section 68: supplementary provision
70.Effect of determinations and orders made outwith Scotland
Chapter 7 Miscellaneous
Adoption allowances
71.Adoption allowances schemes
Prohibited payments
72.Prohibition of certain payments
73.Excepted payments
Disclosure of medical information about parents
74.Disclosure of medical information about parents
Restrictions on arranging adoptions and placing for adoption
75.Restriction on arranging adoptions and placing children
76.Adoption societies which are not registered adoption services
Effect of orders, and placing for adoption, under 2002 Act
77.Effect of certain orders made in England and Wales
78.Effect of placing for adoption etc. under 2002 Act
79.Further consequences of placement and placement orders
Part 2 Permanence orders
The making of permanence orders
80.Permanence orders
81.Permanence orders: mandatory provision
82.Permanence orders: ancillary provisions
83.Order granting authority for adoption: conditions
84.Conditions and considerations applicable to making of order
85.Child in respect of whom order may be made
86.Representations
Effect of order
87.Effect of order on existing parental right
88.Effect of order on existing orders
89.Revocation of supervision requirement
Precedence
90.Precedence of court orders and supervision requirements over order
Exercise of parental right under order
91.Exercise of parental right under order
Variation
92.Variation of ancillary provisions in order
93.Amendment of order to grant authority for child to be adopted
94.Proceedings
Orders and supervision requirements
95.Duty of children’s hearing to prepare report for court
96.Application: effect on supervision requirement
97.Interim orders and revocation of supervision requirement
Revocation and variation
98.Revocation
99.Duty of local authority to apply for variation or revocation
100.Revocation: order under section 11 of 1995 Act
Notification requirements
101.Local authority to give notice of certain matters
Effect of subsequent adoption order on permanence order
102.Effect of subsequent adoption order on permanence order
Restriction on making certain orders under 1995 Act
103.Restriction on making of orders under section 11 of 1995 Act
Rules of procedure
104.Permanence orders: rules of procedure
Part 3 Miscellaneous
Provisions applicable to adoption orders and permanence orders
105.Notification of proposed application for order
106.Child subject to supervision requirement: duty to refer to Principal Reporter
107.Making of adoption order no longer to be bar to making of contact order
108.Rules: appointment of curators ad litem and reporting officers
109.Proceedings to be in private
Care allowances: regulations
110.Allowances for care of certain children: regulations
Evidence and notices
111.Evidence of consent
112.Service of notices etc.
113.Admissibility of certain documents as evidence
Part 4 General
114.Rules of procedure
115.Offences by bodies corporate and partnerships
116.Ancillary provision
117.Orders and regulations
118.Meaning of “appropriate court”
119.Interpretation
120.Minor and consequential amendments and repeals
121.Short title and commencement
SCHEDULE 1
Registration of adoptions
1.Registration of adoption orders
2.(1) Sub-paragraph (2) applies where— (a) on an application to...
3.Where an adoption order is made in respect of a...
4.(1) Where an adoption order is made, the clerk of...
5.Registration of adoptions in other parts of the British Islands
6.Registration of other adoptions
7.Amendment of orders and rectification of registers
8.Marking of entries on re-registration of birth
SCHEDULE 2
Minor and consequential amendments
1.Succession (Scotland) Act 1964 (c. 41)
2.Social Work (Scotland) Act 1968 (c. 49)
3.Foster Children (Scotland) Act 1984 (c. 56)
4.Child Abduction and Custody Act 1985 (c. 60)
5.Family Law Act 1986 (c. 55)
6.Human Fertilisation and Embryology Act 1990 (c. 37)
7.Child Support Act 1991 (c. 48)
8.Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)
9.Children (Scotland) Act 1995 (c. 36)
10.Adoption (Intercountry Aspects) Act 1999 (c. 18)
11.Regulation of Care (Scotland) Act 2001 (asp 8)
12.Adoption and Children Act 2002 (c. 38)
13.Income Tax (Trading and Other Income) Act 2005 (c. 5)
14.Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3)
SCHEDULE 3
Repeals