Adoption and Children (Scotland) Act 2007 (asp 4)

Part 3 S Miscellaneous

Provisions applicable to adoption orders and permanence orders S

105 Notification of proposed application for order S

(1) Subsection (2) applies where—

(a) a local authority—

(i) proposes to make an application for a permanence order in respect of a child, or

(ii) becomes aware that an application for an adoption order in respect of a child in its area has been, or is to be, made,

(b) the father of the child is not married to the mother of the child on the relevant date,

(c) the father, never having had parental responsibilities or parental rights in relation to the child, does not have such responsibilities or rights on the relevant date, and

(d) the authority—

(i) knows the identity and whereabouts of the father, or

(ii) can, by taking such reasonable and practicable steps as are appropriate in the circumstances of the case, ascertain that information.

(2) The local authority must, on or after the relevant date—

(a) give notice to the father that—

(i) it proposes to apply for a permanence order,

(ii) an application for an adoption order has been made, or

(iii) an application for an adoption order is to be made,

as the case may be, and

(b) provide the father with prescribed information relating to the processes for applying for the order in question.

(3) Where a local authority is required to give notice under subsection (2)(a)(i), it must give the notice at least 4 weeks before the application for the permanence order is made.

(4) Where a local authority is required to give notice under sub-paragraph (ii) or (iii) of subsection (2)(a), it must give the notice as soon as is reasonably practicable after it becomes aware that the application for an adoption order has been or, as the case may be, is to be made.

(5) In this section—

(a) “relevant date” means—

(i) the date on which the local authority determines it will make the application mentioned in sub-paragraph (i) of subsection (1)(a), or

(ii) the date on which the authority becomes aware of the application mentioned in sub-paragraph (ii) of that subsection,

as the case may be,

(b) “prescribed” means prescribed by regulations made by the Scottish Ministers.

Commencement Information

I1 S. 105 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)

106 Child subject to supervision requirement: duty to refer to Principal Reporter S

(1) Subsection (2) applies where—

(a) a child is subject to a supervision requirement,

(b) a registered adoption service is satisfied that the best interests of the child would be served by placing the child for adoption, and

(c) it intends to place the child for adoption.

(2) The registered adoption service must refer the child's case to the Principal Reporter.

(3) The Scottish Ministers may make regulations specifying by reference to the occurrence of an event or events described in the regulations the period of time during which a referral under this section is to be made.

(4) In subsection (2), “Principal Reporter” has the same meaning as in Part II of the 1995 Act.

Commencement Information

I2 S. 106(1)(2) 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)

I3 S. 106(3) in force at 20.4.2009 for specified purposes by S.S.I. 2009/147, art. 2, Sch.

I4 S. 106(3) in force at 28.9.2009 in so far as not already in force 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)

107 Making of adoption order no longer to be bar to making of contact order S

In section 11 of the 1995 Act (court orders relating to parental responsibilities etc.), in subsection (3)—

(a) in paragraph (a), sub-paragraph (iii) is repealed,

(b) after that paragraph insert—

“(aa) that application for a contact order is made with the leave of the court by a person whose parental responsibilities or parental rights in relation to the child were extinguished on the making of an adoption order;

(ab) that application for an order under subsection (1) above (other than a contact order) is made by a person who has had, but for a reason other than is mentioned in subsection (4) below, no longer has, parental responsibilities or parental rights in relation to the child;”, and

(c) in paragraph (b), for “such application” substitute “ application for an order under subsection (1) above ”.

Commencement Information

I5 S. 107 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)

108 Rules: appointment of curators ad litem and reporting officers S

(1) In the case of an application for a relevant order in relation to a child, rules of court must provide for the appointment, in such cases as are prescribed by the rules—

(a) of a person to act as curator ad litem of the child on the hearing of the application, with the duty of safeguarding the interests of the child in such manner as may be so prescribed,

(b) of a person to act as reporting officer for the purpose of witnessing agreements to adoption and performing such other duties as may be so prescribed.

(2) Rules may in particular make provision—

(a) enabling the reporting officer to be appointed before the application is made,

(b) enabling the court to appoint the same person to be curator ad litem and reporting officer.

(3) Rules may not make provision for—

(a) the appointment of a person who is employed by an adoption agency which has placed a child for adoption to act as curator ad litem or reporting officer for the purposes of an application for an adoption order in respect of the child,

(b) the appointment of a person who is employed by a local authority which is making (or has made) an application for a permanence order to act as curator ad litem or reporting officer for the purposes of the application.

(4) A relevant order means—

(a) an adoption order,

(b) a permanence order, or

(c) an order under section 59.

Modifications etc. (not altering text)

C1 S. 108(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

I6 S. 108 in force at 20.4.2009 for specified purposes by S.S.I. 2009/147, art. 2, Sch.

I7 S. 108 in force at 28.9.2009 in so far as not already in force 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)

109 Proceedings to be in private S

(1) Any proceedings before the court relating to applications under any of the provisions mentioned in subsection (2) must be heard and determined in private unless the court otherwise directs.

(2) Those provisions are—

(a) section 24,

(b) section 29,

(c) section 30,

(d) section 59,

(e) section 80,

(f) section 92,

(g) section 93, F1 ...

(ga) [F2 section   98, and ]

(h) section 99.

Textual Amendments

F1 Word in s. 109(2)(g) repealed (27.1.2010) by Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010 (S.S.I. 2010/21), art. 1, Sch. para. 8(5)(a)

F2 S. 109(2)(ga) inserted (27.1.2010) by Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010 (S.S.I. 2010/21), art. 1, Sch. para. 8(5)(b)

Modifications etc. (not altering text)

C2 S. 109(1) 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

I8 S. 109 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)

Care allowances: regulations S

110 Allowances for care of certain children: regulations S

(1) The Scottish Ministers may by regulations make provision about payments by a local authority in respect of a child who falls within subsection (2).

(2) A child falls within this subsection if—

(a) the child is placed by the authority under section 26(1)(a) of the 1995 Act,

(b) the child is required by virtue of section 70(3)(a) of that Act to reside with a person other than a parent of the child, or

(c) were the child not residing with a relative, the authority would be required by section 25(1) of that Act to provide accommodation for the child.

(3) Regulations under subsection (1) may in particular include provision for or in connection with—

(a) specifying descriptions of person to whom payments may be made,

(b) specifying circumstances in which payments may be made,

(c) specifying rates of payment to be payable in such circumstances as may be specified in the regulations,

(d) where a rate is so specified—

(i) requiring local authorities to pay at least that rate in the circumstances so specified,

(ii) recommending that local authorities pay at least that rate (“the recommended rate”) in the circumstances so specified,

(e) where a recommended rate is payable, requiring local authorities which pay less than that rate to publish, in such manner as may be so specified, their reasons for doing so.

(4) A child does not cease to fall within paragraph (a) of subsection (2) by reason only of the making of a permanence order vesting parental responsibilities in a person who is a member of the family with whom the child was placed.

(5) A child does not fall within paragraph (c) of subsection (2) if the relative is a guardian of the child.

(6) It is immaterial for the purposes of paragraph (c) of subsection (2) whether the relative has any parental rights or parental responsibilities in relation to the child.

Commencement Information

I9 S. 110 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)

Evidence and notices S

111 Evidence of consent S

(1) If a document signifying any consent which is required by this Act to be given is witnessed in accordance with rules of court, it is sufficient evidence of the signature of the person by whom it was executed.

(2) A document signifying any such consent which purports to be witnessed in accordance with rules is to be presumed to be so witnessed and to have been executed and witnessed on the date and at the place specified in the document unless the contrary is shown.

Modifications etc. (not altering text)

C3 S. 111 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

I10 S. 111 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)

112 Service of notices etc. S

Any notice or information required to be given under this Act may be given by post.

Commencement Information

I11 S. 112 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)

113 Admissibility of certain documents as evidence S

Any document which is receivable as evidence of any matter—

(a) in England and Wales under section 77(4) and (5) of the 2002 Act, or

(b) in Northern Ireland under Article 63(1) of the Northern Ireland Order,

is sufficient evidence in Scotland of the matter to which it relates.

Modifications etc. (not altering text)

C4 S. 113 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

I12 S. 113 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)