Explanatory Notes

Adoption and Children (Scotland) Act 2007

2007 asp 4

15 January 2007

Commentary on Sections

Part 2 .Permanence Orders

Section 98 - Revocation

337.By virtue of subsection (1), a court may revoke a permanence order when it is satisfied that it is appropriate to do so, on the application of any of those people listed at subsection (2). In particular, the court should consider whether there has been a material change in circumstances directly relating to the provisions of the order and any wish by the parent or guardian of the child to have parental responsibilities or rights reinstated.

338.Subsection (2) lists those persons who can apply for revocation of the permanence order as the local authority which applied for the permanence order and anyone else affected by the order who has obtained the leave of the court to apply for a revocation.

339.The conditions and considerations in section 84(4), (5)(a) and (b) and (6) of the Act apply to the revocation of a permanence order under this section as they apply to the making of a permanence order.