The Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Amendment Order 2012

Made20th March 2012

Laid before the Scottish Parliament22nd March 2012

Coming into force7th May 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 116(1) and 117(2) and (3) of the Adoption and Children (Scotland) Act 20071 and all other powers enabling them to do so.

Citation and commencement1

This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Amendment Order 2012 and comes into force on 7th May 2012.

Amendment2

1

The Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 20092 is amended as follows.

2

In article 16(2) (freeing orders made before the appointed day)—

a

after “shall” insert “subject to articles 17 and 18”; and

b

omit “until 28th September 2010”.

3

In article 18 (applications for freeing orders under the 1978 Act)—

a

the existing provision becomes paragraph (1); and

b

after paragraph (1) insert—

2
Where an application continues by virtue of paragraph (1) and a freeing order is granted by the court on or after 28th September 2010 the child who is subject to that freeing order shall be treated as if they were subject to a permanence order and article 17(2) and (3) applies to that deemed permanence order.

4

In article 21(1) (applications to vary or revoke a deemed permanence order) for “or 19(2)” substitute “, 18(2) or 19(2)”.

AILEEN CAMPBELLAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh20th March 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009. New paragraph (2) of article 18 provides that a freeing order, which is made by the court on or after 28th September 2010, will be deemed to be a permanence order granting authority for the child to be adopted.