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The Adoptions with a Foreign Element (Scotland) Regulations 2009

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 BRINGING CHILDREN INTO, AND TAKING CHILDREN OUT OF, THE UNITED KINGDOM

    1. CHAPTER 1 BRINGING CHILDREN INTO THE UNITED KINGDOM

      1. 3.Requirements applicable in respect of bringing, or causing another to bring, a child into the United Kingdom

      2. 4.Conditions applicable in respect of a child brought into the United Kingdom

      3. 5.Functions imposed on the local authority

      4. 6.Application of Chapter 2 of Part 1 of the Act

    2. CHAPTER 2 TAKING CHILDREN OUT OF THE UNITED KINGDOM

      1. 7.Orders under section 59 of the Act: requirements

      2. 8.Matters to be submitted to the court under regulation 7

      3. 9.Application of the Act in respect of orders under section 59

  4. PART 3 ADOPTIONS UNDER THE CONVENTION

    1. CHAPTER 1 PROCEDURE IN SCOTLAND WHERE THE UNITED KINGDOM IS THE RECEIVING STATE

      1. 10.Application of Chapter 1

      2. 11.Application: eligibility, and suitability, to adopt

      3. 12.Determination of eligibility to adopt

      4. 13.Provision of information

      5. 14.Case records and counselling

      6. 15.Criminal record checks

      7. 16.Duties of adoption agency prior to decision on suitability

      8. 17.Functions of the adoption panel

      9. 18.Adoption agency decision, notification and request for review

      10. 19.Review without request

      11. 20.Procedure following decision that prospective adopters are suitable to adopt

      12. 21.Procedure following receipt of Article 16 Information

      13. 22.Procedure where proposed adoption not to proceed

      14. 23.Child’s entry into the United Kingdom

      15. 24.Notifications to be given prior to child’s entry into the United Kingdom

      16. 25.Child’s entry into the United Kingdom where no Convention adoption made: applicable provisions

      17. 26.Duty of prospective adopters to notify local authority

      18. 27.Functions of the local authority following child’s entry into the United Kingdom

      19. 28.Duty of prospective adopters

      20. 29.Prospective adopters not wishing to proceed with adoption

      21. 30.Withdrawal of child from prospective adopters

      22. 31.Breakdown of placement

      23. 32.Convention adoptions subject to a probationary period

      24. 33.Report of local authority investigation

      25. 34.Convention adoption order

      26. 35.Requirements following a Convention adoption order or a Convention adoption

      27. 36.Convention adoption order: refusal or withdrawal

      28. 37.Annulment of Convention adoption order or Convention adoption

    2. CHAPTER 2 PROCEDURE IN SCOTLAND WHERE THE UNITED KINGDOM IS THE STATE OF ORIGIN

      1. 38.Application of Chapter 2

      2. 39.Counselling and information for the child

      3. 40.Counselling and information for parent or guardian and counselling for others

      4. 41.Information for inclusion in report and for adoption panel

      5. 42.Function of the adoption panel in assessing the child

      6. 43.Decision and notification

      7. 44.Convention list

      8. 45.Receipt of Article 15 Report

      9. 46.Proposed placement: functions of adoption panel and adoption agency

      10. 47.Adoption agency’s decision: notification and return of documents

      11. 48.Preparation of the Article 16 Report

      12. 49.Requirements to be met before child placed with Convention prospective adopter

      13. 50.Requirements for order under section 59 of the Act prior to proposed Convention adoption

      14. 51.Convention adoption order

      15. 52.Requirements following a Convention adoption order or a Convention adoption

    3. CHAPTER 3 MISCELLANEOUS PROVISIONS

      1. 53.Application of the Act to, and making of, Convention adoption orders

      2. 54.Notification to local authority of adoption application

      3. 55.Prohibition on removal where Convention adoption order pending

      4. 56.Removal of children

      5. 57.Return or delivery of child

      6. 58.Age of person in respect of whom Convention adoption order may be made

      7. 59.Application for Convention adoption order by relevant couple

      8. 60.Application for Convention adoption order by one person

      9. 61.Convention adoption orders: consent

      10. 62.Application and modification of the Adoption Agencies Regulations

      11. 63.Offences

  5. PART 4 REVOCATION

    1. 64.Revocation

  6. Signature

    1. SCHEDULE 1

      SPECIFIED OFFENCES

      1. 1.Offences in Scotland

      2. 2.An offence specified in Schedule 1 to the Criminal Procedure...

      3. 3.The offences are– (a) an offence contrary to subsection (3)...

      4. 4.An offence under section 170 of the Customs and Excise...

      5. 5.An offence under section 52 (taking, distributing, showing or publishing...

      6. 6.Offences in Northern Ireland

      7. 7.An offence of assault by penetration under Article 6 of...

      8. 8.An offence of causing a person to engage in sexual...

      9. 9.An offence of rape of a child under 13 under...

      10. 10.An offence of sexual activity with a child family member...

      11. 11.An offence of inciting a child family member to engage...

      12. 12.An offence of sexual activity with a person with a...

      13. 13.An offence of causing or inciting a person, with a...

      14. 14.An offence of inducement, threat or deception to procure sexual...

      15. 15.An offence of causing a person with a mental disorder...

      16. 16.An offence specified in Schedule 1 to the Children and...

      17. 17.An offence under Article 3 of the Protection of Children...

      18. 18.An offence contrary to Article 15 of the Criminal Justice...

      19. 19.An offence contrary to section 170 of the Customs and...

    2. SCHEDULE 2

      CERTIFICATE OF ELIGIBILITY AND APPROVAL

    3. SCHEDULE 3

      CERTIFICATE THAT AN ADOPTION HAS BEEN MADE IN ACCORDANCE WITH THE CONVENTION

  8. Explanatory Note

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