The Adoptions with a Foreign Element (Scotland) Amendment Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Adoptions with a Foreign Element (Scotland) Regulations 2009 (“the principal Regulations”). Under regulation 4(2) of the principal Regulations, prior to a child’s entry into the United Kingdom in circumstances where section 58 of the Adoption and Children (Scotland) Act 2007 (“the Act”) applies, the prospective adopters must, inter alia, receive from the Secretary of State notification in writing that the Secretary of State has issued a certificate to the relevant foreign authority confirming that conditions prescribed in sub‑paragraph (a)(i) and (ii) are met.

The Scottish Ministers have taken on the function, as regards Scotland, of issuing such certificates in respect of all adoptions to which the principal Regulations apply and providing the written notification prescribed in regulation 4(2). Accordingly, regulation 2(2) of these Regulations amends regulation 4(2) of the principal Regulations, replacing the references to the Secretary of State with references to the Scottish Ministers.

Regulation 2(3) amends regulation 5(2) of the principal Regulations, removing the local authorities’ duty to place on case records information received from the Secretary of State, where a child is brought into the United Kingdom in circumstances where section 58 of the Act applies and notice has been given by the adopters to the relevant local authority in accordance with section 18(2) of the Act. This amendment is made in consequence of the amendment made by regulation 2(2) of these Regulations.

Regulations 3 to 9 make amendments in consequence of the amendment made by regulation 2(2) to ensure that statutory instruments, which refer to the certificate mentioned in regulation 4(2) of the principal Regulations, reflect that the Scottish Ministers shall issue such certificates in respect of all adoptions to which the principal Regulations apply.