Explanatory Notes

Adoption and Children (Scotland) Act 2007

2007 asp 4

15 January 2007

Commentary on Sections

Chapter 7 .Miscellaneous

Section 71 - Adoption allowances schemes

258.This section gives the Scottish Ministers the power to make regulations concerning the preparation of a scheme for the payment of allowances by a local authority or registered adoption service to a person who has adopted, or intends to adopt a child, through an adoption agency.

259.Subsection (1) provides that a local authority must, within such period as the Scottish Ministers direct, prepare an adoption allowances scheme. A registered adoption agency may prepare such a scheme.

260.Subsection (2) defines an adoption allowances scheme as a scheme for the payment by an agency, whether a local authority or registered adoption service, of allowances to any person who has adopted or intends to adopt a child where arrangements are made, or to be made, by the agency.

261.Subsection (3) enables the Scottish Ministers to make regulations in relation to adoption allowance schemes.

262.Subsection (4) sets out what such regulations may particularly include: the procedure to be followed to decide whether or not someone should be paid an adoption allowance; the circumstances in which an allowance can be paid; factors to be taken into account in deciding how much allowance should be paid; the procedure for review, variation and termination of any such allowance; the information about allowances that should be supplied to potential adopters; and the procedure to be followed in drawing up, making alterations to or revoking and replacing the scheme.