Act of Sederunt (Rules of the Court of Session 1994) 1994

Form of agreements and consents S

67.5.—(1) An agreement by a parent or guardian–

(a) for the purposes of section 16(1)(b) of the Act of 1978 (agreement to adoption), shall be in form 67.5–A;

(b) for the purposes of section 16(1)(b), by virtue of section 49(1) of that Act (adoption of child abroad), shall be in Form 67.5–A; or

(c) for the purposes of section 18(1)(a) of that Act (agreement to freeing for adoption), shall be in form 67.5–B.

(2) A consent–

(a) by a child for the purposes of section 12(8) of the Act of 1978(2) (consent to adoption), shall be in Form 67.5–C;

(b) by a parent or guardian for the purposes of section 18(2)(a) of that Act (consent to application for freeing for adoption), shall be in Form 67.5–D; or

(c) by a child for the purposes of section 18(8) of that Act(3) (consent to freeing for adoption), shall be inForm 67.5–E.

(3) An agreement or consent referred to in this rule which is executed furth of Scotland shall be witnessed–

(a) where it is executed in England, Wales or Northern Ireland, by a justice of the peace or commissioner for oaths;

(b) where it is executed furth of the United Kingdom–

(i) in the case of a parent or guardian serving in Her Majesty’s Forces, by an officer holding a commission in those forces; or

(ii) by a British consular official or any person authorised, by the law of the country where the agreement or consent is executed, to administer an oath for any legal purpose.

Commencement Information

I1 Sch. 2 rule 67.5 in force at 5.9.1994, see para. 1(1)

(1)

Section 49 of the Act of 1978 was amended by the Children Act 1989 (c. 41), Schedule 10, paragraph 42.

(2)

Section 12(8) of the Act of 1978 was substituted by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), section 2(3)(a).

(3)

Section 18(8) of the Act of 1978 was substituted by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), section 2(3)(b).