The Adoption Support Services and Allowances (Scotland) Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in Part 2 (regulations 4 to 9) for local authorities to provide adoption support services as part of the adoption service maintained by them under section 1(1) of the Adoption and Children (Scotland) Act 2007. Part 3 (regulations 10 to 17) makes provision in respect of adoption allowances schemes prepared by adoption agencies (local authorities and registered adoption services) to pay allowances to persons who have adopted or intend to adopt a child. Regulation 3 makes provision to notify an appropriate adult if the person to whom notice is given under the Regulations is a child.

Regulation 4 specifies the circumstances in which a local authority will provide adoption support services to persons outwith its area. Regulation 5 provides that an assessment or reassessment of needs for adoption support services may be conducted by a local authority by reference to one specific service rather than the whole range of potential services and that the local authority must commence the assessment or reassessment within 4 weeks. Regulations 6 and 7 concern the procedure for assessments and reassessments respectively, and list the considerations that the local authority must have regard to when carrying out the assessment or reassessment. Regulation 8 provides that, following the assessment or reassessment but prior to making a decision about providing adoption support services, the local authority must give notice of the proposal to the person requesting the assessment or re-assessment and allow an opportunity for representations. Regulation 9 provides that that person must receive notification and full details of the decision.

Regulation 10 sets out the only circumstances in which allowances are payable to an adoptive parent. Regulation 11 provides for the limited circumstances in which an allowance may include an element of remuneration and that such remuneration can only last for more than 2 years in exceptional circumstances. Regulation 12 permits allowances to be paid periodically or by a single payment, but a single payment can be paid by instalments. Regulation 13 specifies the factors that an adoption agency must take into account, or disregard, in determining the amount of an allowance. Regulation 14 sets out the circumstances in which an allowance ceases to be payable to an adoptive parent. Regulation 15 provides that, in relation to allowances paid periodically or by instalments, the adoptive parents must agree to certain conditions before any payment is made. Where a condition is breached the allowance may be ended. Regulation 16 provides for allowances paid periodically or by instalments to be reviewed by the adoption agency annually or when there is a breach of the conditions or a change of circumstances. Regulation 17 makes savings provision in relation to the Adoption Allowances (Scotland) Regulations 1996 which are revoked following the repeal of the Adoption (Scotland) Act 1978.