Adoption and Children (Scotland) Act 2007

1. Introductory Text

2. Part 1 Adoption

   1. Chapter 1 The adoption service

      1. The adoption service

         1. 1. Duty of local authority to provide adoption service

         2. 2. Carrying out of duties imposed by section 1

         3. 3. Adoption service: regulations

         4. 4. Local authority plans

         5. 5. Guidance

         6. 6. Assistance in carrying out functions under section 1

         7. 7. Meaning of “adoption service” in Regulation of Care (Scotland) Act 2001

         8. 8. Adoption agencies: regulations about carrying out of functions

      2. Adoption support services

         1. 9. Assessment of needs for adoption support services

         2. 10. Provision of services

         3. 11. Urgent provision

         4. 12. Power to provide payment to person entitled to adoption support service

      3. Regulations

         1. 13. Regulations

   2. CHAPTER 1A Scotland's Adoption Register

      1. 13A. Scotland's Adoption Register

      2. 13B. Registration organisation

      3. 13C. Supply of information for the Register

      4. 13D. Disclosure of information

      5. 13E. Fees and other payments

      6. 13F. Use of an organisation as agency for payments

      7. 13G. Supplementary

   3. Chapter 2 The adoption process

      1. Preliminary

         1. 14. Considerations applying to the exercise of powers

      2. Pre-adoption requirements

         1. 15. Child to live with adopters before adoption order made

         2. 16. Home visits

         3. 17. Reports where child placed by agency

         4. 18. Notification to local authority of adoption application

         5. 19. Notice under section 18: local authority's duties

      3. Restrictions on removal of children placed for adoption

         1. 20. Restrictions on removal: child placed for adoption with consent

         2. 21. Restrictions on removal: notice of intention to adopt given

         3. 22. Restrictions on removal: application for adoption order pending

         4. 23. Restrictions on removal of child looked after by local authority

      4. Return of children

         1. 24. Return of child removed in breach of certain provisions

         2. 25. Return of child placed for adoption by adoption agency

      5. Adoption not proceeding: arrangements

         1. 26. Looked after children: adoption not proceeding

      6. Contravention of sections 30 to 36 of 2002 Act

         1. 27. Contravention of sections 30 to 36 of 2002 Act

      7. The making of adoption orders

         1. 28. Adoption orders

         2. 29. Adoption by certain couples

         3. 30. Adoption by one person

         4. 31. Parental etc. consent

         5. 32. Consent of child aged 12 or over

         6. 33. Restrictions on making orders

         7. 34. Contravention of section 72 no bar to making order

      8. Effect of order on existing rights etc.

         1. 35. Effect of order on existing rights etc.

      9. Revocation of supervision requirement

         1. 36. Revocation of compulsory supervision order on making of adoption order

      10. Adoption records

          1. 37. Information to be kept about adoptions

          2. 38. Disclosure of information kept under relevant enactment

   4. Chapter 3 Status of adopted children

      1. 39. Meaning of “adoption” in Chapter 3

      2. 40. Status conferred by adoption

      3. 41. Miscellaneous enactments

      4. 42. Pensions

      5. 43. Insurance

      6. 44. Succession and inter vivos deeds

   5. Chapter 4 Adoption support plans

      1. Adoption support plans

         1. 45. Adoption support plans

         2. 46. Duration

         3. 47. Family member's right to require review of plan

         4. 48. Other cases where authority under duty to review plan

      2. Reassessment

         1. 49. Reassessment of needs for adoption support services

      3. Directions

         1. 50. Implementation of plans: directions

      4. Guidance

         1. 51. Guidance

      5. Regulations

         1. 52. Regulations about reviews of adoption support plans

   6. Chapter 5 Registration

      1. 53. Adopted Children Register and index

      2. 54. Searches and extracts

      3. 55. Connections between the register and birth records

      4. 56. Admissibility of extracts as evidence

      5. 57. Interpretation of Chapter 5

   7. Chapter 6 Adoptions with a foreign element

      1. Restrictions on movement of children

         1. 58. Restriction on bringing children into the United Kingdom

         2. 59. Preliminary order where child to be adopted abroad

         3. 60. Restriction on removal of children for adoption outwith Great Britain

         4. 61. Regulations under section 58: offences

      2. Adoptions from abroad: special restrictions

         1. 62. Declaration of special restrictions on adoptions from abroad

         2. 63. Review

         3. 64. The special restrictions

         4. 65. Imposition of extra conditions in certain cases

      3. Charging

         1. 66. Power to charge

      4. Overseas adoptions etc.

         1. 67. Meaning of “overseas adoption”

         2. 68. Annulment and recognition

         3. 69. Section 68: supplementary provision

         4. 70. Effect of determinations and orders made outwith Scotland

   8. Chapter 7 Miscellaneous

      1. Adoption allowances

         1. 71. Adoption allowances schemes

      2. Prohibited payments

         1. 72. Prohibition of certain payments

         2. 73. Excepted payments

      3. Disclosure of medical information about parents

         1. 74. Disclosure of medical information about parents

      4. Restrictions on arranging adoptions and placing for adoption

         1. 75. Restriction on arranging adoptions and placing children

         2. 76. Adoption societies which are not registered adoption services

      5. Effect of orders, and placing for adoption, under 2002 Act

         1. 77. Effect of certain orders made in England and Wales

         2. 78. Effect of placing for adoption etc. under 2002 Act

         3. 79. Further consequences of placement and placement orders

3. Part 2 Permanence orders

   1. The making of permanence orders

      1. 80. Permanence orders

      2. 81. Permanence orders: mandatory provision

      3. 82. Permanence orders: ancillary provisions

      4. 83. Order granting authority for adoption: conditions

      5. 84. Conditions and considerations applicable to making of order

      6. 85. Child in respect of whom order may be made

      7. 86. Representations

   2. Effect of order

      1. 87. Effect of order on existing parental right

      2. 88. Effect of order on existing orders

   3. Revocation of supervision requirement

      1. 89. Revocation of compulsory supervision order on making of permanence order

   4. Precedence

      1. 90. Precedence of certain other orders

   5. Exercise of parental right under order

      1. 91. Exercise of parental right under order

   6. Variation

      1. 92. Variation of ancillary provisions in order

      2. 93. Amendment of order to grant authority for child to be adopted

      3. 94. Proceedings

   7. Orders and supervision requirements

      1. 95. Duty of children's hearing to prepare report for court

      2. 96. Application: effect on compulsory supervision order

      3. 97. Interim orders and revocation of compulsory supervision order

   8. Revocation and variation

      1. 98. Revocation

      2. 99. Duty of local authority to apply for variation or revocation

      3. 100. Revocation: order under section 11 of 1995 Act

   9. Notification requirements

      1. 101. Local authority to give notice of certain matters

   10. Effect of subsequent adoption order on permanence order

       1. 102. Effect of subsequent adoption order on permanence order

   11. Restriction on making certain orders under 1995 Act

       1. 103. Restriction on making of orders under section 11 of 1995 Act

   12. Rules of procedure

       1. 104. Permanence orders: rules of procedure

4. Part 3 Miscellaneous

   1. Provisions applicable to adoption orders and permanence orders

      1. 105. Notification of proposed application for order

      2. 106. Child subject to compulsory supervision order: duty to refer to Principal Reporter

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

      4. 108. Rules: appointment of curators ad litem and reporting officers

      5. 109. Proceedings to be in private

   2. Care allowances: regulations

      1. 110. Allowances for care of certain children: regulations

   3. Evidence and notices

      1. 111. Evidence of consent

      2. 112. Service of notices etc.

      3. 113. Admissibility of certain documents as evidence

5. Part 4 General

   1. 114. Rules of procedure

   2. 115. Offences by bodies corporate and partnerships

   3. 116. Ancillary provision

   4. 117. Orders and regulations

   5. 118. Meaning of “appropriate court”

   6. 119. Interpretation

   7. 120. Minor and consequential amendments and repeals

   8. 121. Short title and commencement

6. 1. SCHEDULE 1

      Registration of adoptions

      1. Registration of adoption orders

         1. 1. (1) Every adoption order must contain a direction to the...

         2. 2. (1) Sub-paragraph (2) applies where— (a) on an application to...

         3. 3. Where an adoption order is made in respect of a...

         4. 4. (1) Where an adoption order is made, the clerk of...

      2. Registration of adoptions in other parts of the British Islands

         1. 5. (1) Sub-paragraphs (2) and (3) apply where the Registrar General...

      3. Registration of other adoptions

         1. 6. (1) If the Registrar General is satisfied, on an application...

      4. Amendment of orders and rectification of registers

         1. 7. (1) The court by which an adoption order has been...

      5. Marking of entries on re-registration of birth

         1. 8. Without prejudice to any other provision of this Act, where—...

   2. SCHEDULE 2

      Minor and consequential amendments

      1. Succession (Scotland) Act 1964 (c. 41)

         1. 1. (1) The Succession (Scotland) Act 1964 is amended as follows....

      2. Social Work (Scotland) Act 1968 (c. 49)

         1. 2. (1) The Social Work (Scotland) Act 1968 is amended as...

      3. Foster Children (Scotland) Act 1984 (c. 56)

         1. 3. In subsection (5)(a) of section 2 of the Foster Children...

      4. Child Abduction and Custody Act 1985 (c. 60)

         1. 4. In paragraph 5 of Schedule 3 to the Child Abduction...

      5. Family Law Act 1986 (c. 55)

         1. 5. In subsection (1)(b) of section 1 of the Family Law...

      6. Human Fertilisation and Embryology Act 1990 (c. 37)

         1. 6. In subsection (10) of section 30 of the Human Fertilisation...

      7. Child Support Act 1991 (c. 48)

         1. 7. In subsection (3) of section 26 of the Child Support...

      8. Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)

         1. 8. In sub-paragraph (iii) of section 2(1)(d) of the Civil Evidence...

      9. Children (Scotland) Act 1995 (c. 36)

         1. 9. (1) The Children (Scotland) Act 1995 is amended as follows....

      10. Adoption (Intercountry Aspects) Act 1999 (c. 18)

          1. 10. In section 1 of the Adoption (Intercountry Aspects) Act 1999...

      11. Regulation of Care (Scotland) Act 2001 (asp 8)

          1. 11. (1) The Regulation of Care (Scotland) Act 2001 is amended...

      12. Adoption and Children Act 2002 (c. 38)

          1. 12. In paragraph (a) of subsection (3) of section 123 of...

      13. Income Tax (Trading and Other Income) Act 2005 (c. 5)

          1. 13. In section 745 of the Income Tax (Trading and Other...

      14. Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3)

          1. 14. In subsection (2) of section 7 of the Joint Inspection...

   3. SCHEDULE 3

      Repeals