Adoption (Scotland) Act 1978

65 Interpretation. S

(1) In this Act, unless the context otherwise requires—

• “adoption agency” in sections 11, 13, 18 to 23 and 27 includes an adoption agency within the meaning of [F1 section 2(1) of the Adoption and Children Act 2002] (adoption agencies in England and Wales) [F2 and an adoption agency within the meaning of Article 3 of the Adoption (Northern Ireland) Order 1987 (adoption agencies in Northern Ireland)];

• [F3 “adoption order”—

  (a)

  means an order under section 12(1); and

  (b)

  in sections 12(3) and (4), 18 to 20, 27, 28, [F4 30 and 31] and in the definition of “British adoption order”: in this subsection includes an order under [F5 section 46 of the Adoption and Children Act 2002] and Article 12 of the M1 Adoption (Northern Ireland) Order 1987 (adoption orders in England and Wales and Northern Ireland respectively); and

  (c)

  in sections 27, 28 , [F4 30 and 31] includes an order under section 49, [F6 section 84 of the Adoption and Children Act 2002 ] and Article 57 of the Adoption (Northern Ireland) Order 1987 (orders in relation to children being adopted abroad);]

• “adoption society” means a body of persons whose functions consist of or include the making of arrangements for [F7 , or in connection with,] the adoption of children;

• F8 ...

• “authorised court” shall be construed in accordance with section 56;

• “body of persons” means any body of persons, whether incorporated or unincorporated;

• [F9 “British adoption order” means—

  (a)

  an adoption order as defined in this subsection; and

  (b)

  an order under any provision for the adoption of a child effected under the law of any British territory outside the United Kingdom;]

• “British territory” means, for the purposes of any provision of this Act, any of the following countries, that is to say, Great Britain, Northern Ireland, the Channel Islands, the Isle of Man and a colony, being a country designated for the purposes of that provision by order of the Secretary of State or, if no country is so designated, any of those countries;

• “child”, except where used to express a relationship, means a person who has not attained the age of 18 years;

• [F10 “compulsory measures of supervision” has the same meaning as in Part II of the Children (Scotland) Act 1995;]

• [F11 “the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;]

• [F11 “Convention adoption” means an adoption effected under the law of a Convention country outside the British Islands, and certified in pursuance of Article 23(1) of the Convention;]

• [F11 “Convention adoption order” means an adoption order made in accordance with section 17;]

• [F11 “Convention country” means any country or territory in which the Convention is in force.]

• “England” includes Wales;

• “guardian” means—

(a) a person appointed by deed or will F12 . . . or by a court of competent jurisdiction to be the guardian of the child, and

F13 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “internal law” has the meaning assigned by section 64;

• “local authority” means a [F14 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] F15 . . .

• “notice” means a notice in writing;

• “order freeing a child for adoption” means an order under section 18 [F16 and, [F17 sections 27(2) and 53 includes an order under–

  (a)

  F18 ...

  (b)

  Article 17 or 18 of the Adoption (Northern Ireland) Order 1987;]]

• “overseas adoption” has the meaning assigned by subsection (2);

• [F19 “parent” means, irrespective of whether or not they are, or have been, married to each other—

  (a)

  the mother of the child, where she has parental responsibilities or parental rights in relation to him;

  (b)

  the father of the child where he has such responsibilities or rights; and

  (c)

  both of his parents, where both have such responsibilities or rights;

• “parental responsibilities” and “parental rights” have the meanings respectively given by sections 1(3) and 2(4) of the Children (Scotland) Act 1995 (analogous expressions being construed accordingly);]

• “place of safety” [F20 has the meaning given by section 93(1) of the Children (Scotland) Act 1995 (c. 36)];

• “prescribed” means prescribed by act of sederunt;

• [F21 “registered adoption service” has the meaning given by section 1(5) of this Act;]

• “Registrar General for Scotland” means the Registrar General of Births, Deaths and Marriages for Scotland;

• F22 ...

• “relative” in relation to a child means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by affinity and includesF23 ... the father of the child and [F24 where he is not a parent within the meaning of this Act, and any person who would be a relative within the meaning of this definition if the father were such a parent;];

• “rules” means rules made by act of sederunt;

• F22 ...

• [F25 “supervision requirement” has the same meaning as in Part II of the Children (Scotland) Act 1995;]

• “United Kingdom national” means, for the purposes of any provision of this Act, a citizen of the United Kingdom and Colonies satisfying such conditions, if any, as the Secretary of State may by order specify for the purposes of that provision;

• “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit.

(2) In this Act “overseas adoption” means an adoption of such a description as the Secretary of State may by order specify, being a description of adoptions of children appearing to him to be effected under the law of any country outside [F26 the British Islands]; and an order under this subsection may contain provision as to the manner in which evidence of an overseas adoption may be given.

(3) For the purposes of this Act, a person shall be deemed to make arrangements for the adoption of a child if he enters into or makes any agreement or arrangement for, or for facilitating, the adoption of the child by any other person, whether the adoption is effected, or is intended to be effected, in Great Britain or elsewhere, or if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor, or if he causes another person to do so [F27 but the making, under section [F28 70 of the Children (Scotland) Act 1995], by a children’s hearing of a supervision requirement which, in respect that it provides as to where he is to reside, facilitates his being placed for adoption by an adoption agency, shall not constitute the making of such arrangements.].

[F29 (3A) In this Act, in relation to the proposed adoption of a child resident outside the British Islands, references to arrangements for the adoption of a child include references to arrangements for an assessment for the purpose of indicating whether a person is suitable to adopt a child or not.]

(4) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(5) In this Act, except where otherwise indicated—

(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and

(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered.

[F30 (6) Any reference in this Act to a child being in, received into or kept in, care (whether or not such care is expressed as being the care of a local authority and except where the context otherwise requires) shall be taken to be a reference to his being looked after by a local authority and shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995; and any reference to the authority in whose care a child is, shall be construed accordingly.]

Textual Amendments

F1 Words in s. 65(1) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 35(a) (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c)

F2 Words in s. 65(1) added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 88, Sch. 10 para. 46(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F3 Definition of “adoption order”: in s. 65(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 46(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F4 Words in the definition of “adoption order” in s. 65(1) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F5 Words in s. 65(1) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 35(b)(i) (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c)

F6 Words in s. 65(1) substituted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 35(b)(ii) (with Sch. 4 paras. 6-8); S.S.I. 2005/643, art. 2(c)

F7 Words in the definition of “adoption order” in s. 65(1) inserted (1.4.1997) by 1995 c. 36, s. 94(3) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F8 Words in s. 65(1) repealed (1.4.2004) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 81(2), sch. 3 para. 7(11)(a); S.S.I. 2004/100, art. 2(e) (with arts. 3, 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2)

F9 Definition of “British adoption order”: in s. 65(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 46(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F10 Definition in s. 65(1) inserted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F11 Words in s. 65(1) substituted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 8, 18(3) (with s. 17); S.S.I. 2003/121, art. 2(e)

F12 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 10(2), 11(4), Sch. 2

F13 Words in the definition of “guardian” in s. 65(1) repealed (1.11.1996) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 29(a)(iii), Sch. 5 (with s. 103); S.I. 1996/2203, art. 3(3), Sch.

F14 Words in the definition of “local authority" in s. 65(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 111(3); S.I. 1996/323, art. 4(1)(c)

F15 Words in s. 65(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15, (with Sch. 14 paras. 1(1), 27(4)); S>I. 1991/828, art. 3(2) and expressed to be repealed (1.4.1997) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 29(a)(iv), Sch. 5 (with s. 103(1); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F16 Words added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 45(b)

F17 Words in s. 65(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 46(d) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F18 S. 65(1) repealed (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 35(c), Sch. 5 (with Sch. 4 paras. 2, 6-8); S.S.I. 2005/643, art. 2(c)(e)

F19 Definitions in s. 65(1) inserted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(v) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. (as amended by S.I. 1997/744, arts. 2, 3)

F20 S. 65(1): words in the definition of "place of safety" substituted (1.4.2002) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 79, Sch. 3 para. 7(11)(b); S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F21 Words in s. 65(1) inserted (1.4.2004) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 81(2), sch. 3 para. 7(11)(c); S.S.I. 2004/100, art. 2(e) (with arts. 3, 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2)

F22 Words in s. 65(1) repealed (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), s. 18(3), Sch. 3 (with s. 17); S.S.I. 2003/121, art. 2(j)

F23 Words in s. 65 repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), sch. 3; S.S.I. 2006/212, art. 2

F24 Words in the definition of “relative” in s. 65(1) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(a)(vi) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F25 Definition inserted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(a)(vii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F26 Words in s. 65(2) substituted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), s. 18(3), Sch. 2 para. 4(8) (with s. 17); S.S.I. 2003/121, art. 2(i)

F27 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), ss. 27, 60(6)

F28 Words in s. 65(3) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F29 S. 65(3A) inserted (10.11.2000) by 1999 c. 18, s. 13; S.S.I. 2000/390, art. 2

F30 S. 65(6) added (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(c) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

Modifications etc. (not altering text)

C1 Words in s. 65(1) inserted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(v) (with s. 103(1)),; S.I. 1996/2203, art. 3(3), Sch.

Marginal Citations

M1 S.I. 1987/2203 (N.I. 22).