Adoption and Children (Scotland) Act 2007, Section 33 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Except where subsection (2) applies, the court may not hear an application for an adoption order in relation to a child where a previous application falling within subsection (3) made in relation to the child by the same persons was refused by any court.
(2)This subsection applies where—
(a)in refusing the previous application, the court directed that this section should not apply, or
(b)it appears to the court that, because of a change in circumstances, or for any other reason, it is proper to hear the application.
(3)An application falls within this subsection if it is an application for—
(a)an adoption order,
(b)an adoption order as defined in section 46(1) of the 2002 Act,
(c)an order made, or having effect as if made, under Article 12 of the Northern Ireland Order,
(d)an order for adoption made in the Isle of Man,
(e)an order for adoption made in any of the Channel Islands.
Modifications etc. (not altering text)
C1Pt. 1 Ch. 2 applied in part (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 1(1), 9(1)
C2S. 33(1)(2) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 4, Sch. 3
Commencement Information
I1S. 33 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)
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