Adoption and Children Act 2002

The Adoption (Scotland) Act 1978 (c. 28)

30 After section 53 there is inserted—

“53A Effect of certain orders made in England and Wales

(1) An adoption order (within the meaning of section 46(1) of the Adoption and Children Act 2002) has effect in Scotland as it has in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.

(2) An order made under section 21 of that Act (placement orders), and the variation or revocation of such an order under section 23 or 24 of that Act, have effect in Scotland as they have in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.

53B Effect of placing for adoption etc. under Adoption and Children Act 2002

(1) If—

(a) a child is placed for adoption under section 19 of the Adoption and Children Act 2002 (placing children with parental consent); or

(b) an adoption agency is authorised to place a child for adoption under that section,

sections 25 (parental responsibility) and 28(2) to (4) (further consequences of placement) of that Act have effect in Scotland as they have in England and Wales but with the modifications specified in subsection (2).

(2) Those modifications are—

(a) in section 25, any reference to the parental responsibility for the child is to be read as a reference to the parental responsibilities and parental rights in relation to the child; and

(b) in section 28(2), the reference to the court is to be read as a reference to the authorised court.

53C Further consequences of placement and placement orders

(1) Subsection (2) applies where—

(a) a child is placed for adoption under section 19 of the Adoption and Children Act 2002 (placing children with parental consent); or

(b) an adoption agency is authorised to place the child for adoption under that section.

(2) No order under subsection (1) of section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.) of a kind referred to in subsection (2)(c) (residence orders) of that section may be made in respect of the child.

(3) On the making of an order under section 21 of the Adoption and Children Act 2002 (a “placement order”) in respect of a child, any order under subsection (1) of section 11 of the Children (Scotland) Act 1995 of a kind referred to in subsection (2)(c) to (f) (residence orders, contact orders, specific issue orders and interdicts in relation to parental responsibilities) of that section in respect of the child ceases to have effect.

(4) Where a placement order is in force—

(a) no such order as is referred to in subsection (3) of this section; and

(b) no order under section 55 of the Children (Scotland) Act 1995 (child assessment orders),

may be made in respect of the child.”