Explanatory Notes

Adoption and Children (Scotland) Act 2007

2007 asp 4

15 January 2007

Commentary on Sections

Chapter 1 .The Adoption Service

Section 5 - Guidance

33.This section relates to any guidance issued by the Scottish Ministers concerning the provision of an adoption service. Subsection (2) places a duty on local authorities providing an adoption service to have regard to any such guidance. Subsection (3) specifies what may be included in such guidance. It may include information on how a local authority should assess or re-assess a person’s need for adoption support services; how a local authority’s power to assess a person’s needs under section 9(1) should be exercised; how a local authority should decide the classes of person who may be eligible for an assessment of needs under section 9(1); and how responsibility for providing an adoption service should be transferred between local authorities.

34.By virtue of subsection (4) the Scottish Ministers may vary or revoke any such guidance.