2009 No. 191

CHILDREN AND YOUNG PERSONS

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

Made

Laid before the Scottish Parliament

Coming into force

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 19951 and all other powers enabling them to do so.

Citation and commencement1

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 19962

1

The Parental Responsibilities and Parental Rights Agreement (Scotland) Regulations 19962 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–

SCHEDULE 2

Regulation 2

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KENNY MACASKILLA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

(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.