Explanatory Notes

Adoption and Children (Scotland) Act 2007

2007 asp 4

15 January 2007

Commentary on Sections

Part 2 .Permanence Orders

Section 101 - Local authority to give notice of certain matters

342.This section applies (a) where a permanence order is in force which includes provision granting authority for the child to be adopted, and (b) following the making of the order (or, if applicable, the amendment of it to include authority for the child to be adopted) one of the following events occurs. Those events are that the child is placed for adoption, an adoption order is made in respect of the child or the child ceases to be placed for adoption otherwise than on the making of an adoption order. When any of these events occur, the local authority must, as soon as is reasonably practicable, give notice of the event to persons falling within subsection (4), namely those who consented to the making of the order under section 83(1)(c)(i) or section 93(3) of the Act and those whose consent to the making of the order was dispensed with under section 83(1)(c)(ii) or 93(4). The local authority does not need to give such notice if the person who would receive the notice has indicated that they do not want to be notified.