- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010 No. 21
Article 2
1. In subsection (5) of section 39E of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(1) (abbreviated extracts) for “section 45(1) of the Adoption Act 1978 (c.28)” substitute “section 53(1) of the Adoption and Children (Scotland) Act 2007 (asp 4)”.
2. In subsection (3A) of section 10 of the Social Work (Scotland) Act 1968(2) (financial and other assistance to voluntary organisations etc. for social work) the word “support” is repealed.
3. In subsection (1) of section 7 of the Foster Children (Scotland) Act 1984(3) (persons disqualified from keeping foster children)—
(a)the word “or” immediately following paragraph (f) is repealed;
(b)after paragraph (g) add—
“; or
(h)all his parental responsibilities and parental rights have been extinguished by a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4)”.
4. In sub-paragraph (iii) of section 2(1)(d) of the Civil Evidence (Family Mediation) (Scotland) Act 1995(4) (exceptions to general rule of inadmissibility) for “section 29(1)” substitute “section 28(1)”.
5. In paragraph (l) of subsection (2) of section 52 of the Children (Scotland) Act 1995(5) (children requiring compulsory measures of supervision) for the words from “, or”, where it first occurs, to “Act” substitute “of this Act or is the subject of a permanence order made under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4)”.
6.—(1) The Regulation of Care (Scotland) Act 2001(6) is amended as follows.
(2) In section 2 (care services) subsection (13) is repealed.
(3) In paragraph (b) of subsection (6) of section 25(7) (inspections)—
(a)after “(c.18)” insert “or section 3, 8, 13 or 37 of the Adoption and Children (Scotland) Act 2007 (asp 4)”; and
(b)the words “or section 8 or 37 of the Adoption and Children (Scotland) Act 2007 (asp 4)” are repealed.
7. In paragraph (k) of subsection (2) of section 58 of the Local Electoral Administration and Registration Services (Scotland) Act 2006(8) (issuing of other material kept or held by the Registrar General), for the words from “or”, where it first occurs, to the end of the paragraph, substitute “maintained under section 53(1) of the Adoption and Children (Scotland) Act 2007 (asp 4) or any register or book maintained in pursuance of section 55(1) of that Act”.
8.—(1) The Adoption and Children (Scotland) Act 2007(9) is amended as follows.
(2) In section 10 (provision of services) the word “adoption”, where it occurs in each of subsections (1) and (2)(a), is repealed.
(3) In section 26 (looked after children: adoption not proceeding) subsection (10) is repealed.
(4) In subsection (2) of section 76 (adoption societies which are not registered adoption services) for “that Act” substitute “the 2002 Act”.
(5) In subsection (2) of section 109 (proceedings to be in private)—
(a)in paragraph (g) the word “and” is repealed; and
(b)after paragraph (g) insert—
“(ga)section 98, and”.
1965 c.49; section 39E was inserted by section 44(5) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14).
1968 c.49; subsection (3A) of section 10 was inserted by the Children (Scotland) Act 1975 (c.72), Schedule 2, paragraph 51(b) and was amended by the Regulation of Care (Scotland) Act 2001 (asp 8), schedule 3, paragraph 4(2) and by the Adoption and Children (Scotland) Act 2007 (asp 4), schedule 2, paragraph 2(4).
1984 c.56; section 7(1) was amended by the Children Act 1989 (c.41), Schedule 12, paragraph 43; the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 35(4)(a) and (b); the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 53(2); and the Regulation of Care (Scotland) Act 2001 (asp 8), schedule 4, paragraph 1.
1995 c.6; section 2(1)(d) was amended by the Children (Scotland) Act 1995 (c.36), Schedule 4 paragraph 59(a) and (b) and by the Adoption and Children (Scotland) Act 2007 (asp 4), schedule 2, paragraph 8 and schedule 3, paragraph 1.
1995 c.36; section 52 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 97(a) and (b) and by the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), section 12(3).
Section 25(6)(b) was amended by the Adoption and Children (Scotland) Act 2007 (asp 4), schedule 2, paragraph 11(3) and schedule 3, paragraph 1.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Executive Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: