SCHEDULE 4References to adoption etc in enactments to be read as references to effect of parental order etc
Marriage Act 1949I11
In Schedule 1 to the Marriage Act 194941 (kindred and affinity) any reference to an adoptive relationship (however expressed) is to be read as a reference to the corresponding relationships created by the grant of a parental order and which arise by virtue of the enactments applied with modifications by regulations 2, 3 and 4 of these Regulations.
Succession (Scotland) Act 1964I22
In section 37(1) of the Succession (Scotland) Act 196442 (exclusion of certain matters from operation of Act) the reference to the Adoption and Children (Scotland) Act 2007 is to be read as including a reference to that Act, as applied with modifications made by regulation 3 of and Schedule 2 to these Regulations.
Registration of Births, Deaths and Marriages (Scotland) Act 1965
I33
In section 39E(5) of the Registration of Births, Deaths and Marriages (Scotland) Act 196543 (abbreviated extracts)—
a
the reference to the Adopted Children Register maintained under section 53(1) of the Adoption and Children (Scotland) Act 2007 is to be read as including a reference to the Parental Order Register maintained by the Registrar General under section 53(1) of that Act, as applied with modifications by regulation 3 of and Schedule 2 to these Regulations; and
b
the reference to adoption is to be read as including a reference to the effect of a parental order made under section 54 or 54A of the 2008 Act.
I44
In section 43(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (recording of baptismal name or change of name or surname) the reference to the Adopted Children Register maintained by the Registrar General under section 22 of the Adoption Act 1958 is to be read as including a reference to the Parental Order Register maintained by the Registrar General under section 53(1) of the Adoption and Children (Scotland) Act 2007, as applied with modifications by regulation 3 of and Schedule 2 to these Regulations.
Births and Deaths Registration (Northern Ireland) Order 1976I55
In Article 37 of the Births and Deaths Registration (Northern Ireland) Order 197644 (registration or alteration of child’s name)—
a
the references to the Adoption (Northern Ireland) Order 1987 are to be read as including a reference to the Adoption (Northern Ireland) Order 1987, as applied with modifications by regulation 4 of and Schedule 3 to these Regulations; and
b
the references to the Adopted Children Registrar General under Article 50 of the Adoption (Northern Ireland) Order 1987 are to be read as including a reference to the Parental Order Register maintained by the Registrar General under Article 50 of that Order, as applied with modifications by regulation 4 of and Schedule 3 to these Regulations.
Marriage (Scotland) Act 1977I66
In Schedule 1 to the Marriage (Scotland) Act 197745 (degrees of relationship) any reference to an adoptive relationship (however expressed) is to be read as a reference to the corresponding relationships created by the grant of a parental order and which arise by virtue of the enactments applied with modifications by regulations 2, 3 and 4 of these Regulations.
Adoption (Scotland) Act 1978
I77
1
In section 39 of the Adoption (Scotland) Act 197846 (status conferred by adoption)—
a
a reference to an adoption order in each place it occurs is to be read as including a reference to a parental order made under section 54 or section 54A of the 2008 Act; and
b
a reference to an adopter is to be read as including a reference to any of the persons, or the person, who obtained a parental order in respect of the child.
2
In subsection (2) the reference to a child who has been adopted by one of his natural parents is to be read as including a reference to a child who is the subject of a parental order granted to one of that child’s natural parents.
I88
In section 41(1) of the Adoption (Scotland) Act 197847 (miscellaneous enactments)—
a
the reference to an adoption order is to be read as including a reference to a parental order made under section 54 or section 54A of the 2008 Act; and
b
the reference to the adopter is to be read as including a reference to any of the persons, or the person, who obtained the parental order in respect of the child.
I99
In section 44 of the Adoption (Scotland) Act 1978 (effect of s. 39 on succession and inter vivos deed)—
a
the reference to adoption is to be read as including a reference to a parental order made under section 54 or section 54A of the 2008 Act; and
b
the reference to adopted persons is to be read as including a reference to persons who were the subjects of parental orders.
British Nationality Act 1981I1010
In section 1 of the British Nationality Act 198148 (acquisition by birth or adoption)—
a
the reference to an order authorising the adoption of a minor who is not a British citizen in subsection (5)(a) is to be read as including a reference to a parental order made under section 54 or section 54A of the 2008 Act in respect of a minor; and
b
the reference to the adopter is to be read as including a reference to the person who obtained the parental order under section 54A of the Human Fertilisation and Embryology Act 2008 and the reference, in relation to the case of a joint adoption, to one of the adopters as including a reference to one of the persons who obtained the parental order under section 54 of the 2008 Act.
Senior Courts Act 1981I1111
In paragraph 3 of Schedule 1 to the Senior Courts Act 198149 (Distribution of Business in High Court: Family Division) the reference to all causes and matters relating to adoption is to be read as including a reference to proceedings under the provisions of the Adoption and Children Act 2002 applied with modifications by regulation 2 of and Schedule 1 to these Regulations.
Foster Children (Scotland) Act 1984I1212
In section 2(5)(a) of the Foster Children (Scotland) Act 198450 (exceptions to section 1) the reference to a child placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of a person or persons who propose to apply for a parental order under section 54 or section 54A of the 2008 Act in respect of that child.
Child Abduction and Custody Act 1985I1313
In paragraph 5(vii) of Part 2 of Schedule 3 to the Child Abduction and Custody Act 198551 (custody orders: Scotland) the reference to an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007) is to be read as including a reference to a parental order under section 54 or section 54A of the 2008 Act.
Family Law Act 1986I1414
In section 1(1)(b)(x) of the Family Law Act 198652 (child custody) the reference to an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007) is to be read as including a reference to a parental order under section 54 or section 54A of the 2008 Act.
Children Act 1989I1515
In paragraph 5 of Schedule 8 to the Children Act 198953 (privately fostered children: exemptions) the reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of a person or persons who propose to apply for a parental order under section 54 or section 54A of the 2008 Act in respect of that child.
Human Fertilisation and Embryology Act 1990I1616
In Sections 27(2) (meaning of mother) and 28(5)(c) (meaning of father) of the Human Fertilisation and Embryology Act 199054 any reference to adoption is to be read as including a reference to the effect of a parental order under section 54 or section 54A of the 2008 Act.
Judicial Pensions and Retirement Act 1993I1717
In section 6 of the Judicial Pensions and Retirement Act 199355 (grant and payment of a children’s pension)—
a
the references in subsections (2)(c) and (d), (5) and (7)(b) and (c) to children adopted by a person are to be read as including children in respect of whom a parental order has been obtained by that person; and
b
the reference in subsection (5) to the deceased’s intention of adopting the child is to be read as including a reference to the deceased’s intention of applying for a parental order in respect of the child.
Civil Evidence (Family Mediation) (Scotland) Act 1995I1818
Section 2(1)(d)(iii) of the Civil Evidence (Family Mediation) (Scotland) Act 199556 (exceptions to the general rule of inadmissibility) the reference to an adoption order (as defined in section 28(1) of the Adoption and Children (Scotland) Act 2007) is to be read as including a reference to a parental order under section 54 or section 54A of the 2008 Act.
Children (Northern Ireland) Order 1995I1919
In paragraph (7)(a) of Article 107 of the Children (Northern Ireland) Order 199557 (privately fostered children further defined) the reference to a child being placed in the care of a person who proposes to adopt the child under arrangements made by an adoption agency within the meaning of the provisions mentioned in that paragraph is to be read as including a reference to a child being in the care of the person or persons who propose to apply for a parental order under section 54 or section 54A of the 2008 Act in respect of that child.
Sexual Offences Act 2003I2020
In sections 64 and 65 of the Sexual Offences Act 200358 (sex with an adult relative: penetration) references to an adoptive relationship (however expressed) is to be read as a reference to the corresponding relationships created by the grant of a parental order and which arise by virtue of the enactments applied with modifications by regulations 2, 3 and 4 of these Regulations.
Civil Partnership Act 2004I2121
Schedule 1 (prohibited degrees of relationship: England and Wales) is to be read as if any reference to an adoptive relationship (however expressed) is to be read as a reference to the corresponding relationships created by the grant of a parental order and which arise by virtue of the enactments applied with modifications by regulations 2, 3 and 4 of these Regulations.
Modification of the Local Electoral Administration and Registration Services (Scotland) Act 2006I2222
1
In section 58(2)(k) of the Local Electoral Administration and Registration Services (Scotland) Act 200659 (issuing of other material kept or held by Registrar General) references to the Adopted Children Register and to any register or book are to be read as including references to the Parental Order Register maintained by the Registrar General under section 53(1) of the 2007 Act and to any register or book maintained in pursuance of section 55(1) of that Act, both as applied with modifications by regulation 3 of and Schedule 2 to these Regulations.
Human Fertilisation and Embryology Act 2008I2323
In sections 33(2) (meaning of mother) and 38(4) (further provision relating to sections 35 and 36) of the 2008 Act references to adoption are to be read as including a reference to the effect of a parental order under section 54 or 54A of that Act.