The Parental Responsibilities and Parental Rights Agreement (Scotland) Amendment Regulations 2009

Scottish Statutory Instruments

2009 No. 191

CHILDREN AND YOUNG PERSONS

The Parental Responsibilities and Parental Rights Agreement (Scotland) Amendment Regulations 2009

Made

18th May 2009

Laid before the Scottish Parliament

19th May 2009

Coming into force

1st September 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 4(2) and 103(2) of the Children (Scotland) Act 1995(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Parental Responsibilities and Parental Rights Agreement (Scotland) Amendment Regulations 2009 and come into force on 1st September 2009.

Amendment of the Parental Responsibilities and Parental Rights Agreement (Scotland) Regulations 1996

2.—(1) The Parental Responsibilities and Parental Rights Agreement (Scotland) Regulations 1996(2) are amended in accordance with this regulation.

(2) In regulation 2 (form of parental responsibilities and parental rights agreement) for “the Schedule” substitute “Schedule 1”.

(3) After regulation 2 insert–

“3.   The agreement between the mother and the other parent of a child under section 4A(1) of the Children (Scotland) Act 1995 (the acquisition of parental responsibilities and parental rights by that child’s second female parent by agreement with mother)(3) shall be in the form set out in Schedule 2 to these Regulations or in a form substantially to the like effect.”

(4) Renumber the Schedule (parental responsibilities and parental rights agreement under section 4(1) of the Children (Scotland) Act 1995) as Schedule 1.

(5) After the new Schedule 1 insert–

Regulation 2

“SCHEDULE 2

”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

18th May 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Parental Responsibilities and Parental Rights Agreement (Scotland) Regulations 1996 by prescribing the form for the agreement between the mother and other parent of a child that the other parent should have parental responsibilities and parental rights in relation to the child. This form is necessary because paragraph 51 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 has changed the Children (Scotland) Act 1995 to allow a child’s other parent to acquire parental responsibilities and parental rights by agreement with the child’s mother.

(1)

1995 c. 36. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Section 103(2) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

S.I. 1996/2549 as amended by S.S.I. 2006/255.

(3)

Inserted by the Human Fertilisation and Embryology Act 2008 (c. 22) Schedule 6(2) paragraph 51.