Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009

Application of Chapter 2 to Convention adoption orders

30.  Rules 11 to 27 (other than paragraphs (1), (2) and (3)(n) of rule 12) of Chapter 2 are to apply to an application under this Chapter, so far as they are not inconsistent with this Chapter, except that—

(a) rule 11 (appointment of curator ad litem and reporting officer) is to be read as if—

(i) in paragraph (1), for “rule 8” there were substituted “rule 29”;

(ii) in paragraph (1) the words “and reporting officer” were omitted; and

(iii) for paragraphs (2) and (3) there were substituted—

“(2) Subject to paragraph (3), the sheriff must not appoint a reporting officer;

(3) But a reporting officer must be appointed where the child who is the subject of the application is aged 12 or over, for the purpose of witnessing that child’s consent where that consent is to be executed in Scotland.”;

(b) rule 14 (intimation of application) is to be read as if—

(i) in paragraph (1), for “rule 8” there were substituted “rule 29”;

(ii) for paragraph (1)(b) there were substituted—

“(b) the petitioner must send a copy of the petition along with a notice of intimation in Form 5 to—

(i) the curator ad litem and the reporting officer;

(ii) any person or body who has care or possession of the child; and

(iii) any local authority or adoption agency that has prepared a report under section 17 or 19(2) of the 2007 Act.”; and

(iii) paragraph (1)(c) and (d) were omitted; and

(c) rule 23 (communication to the Registrar General) is to be read as if for it there were substituted—

“Communications to the Registrar General and the Central Authority

23.— (1) The making of a Convention adoption order is to be intimated in accordance with this rule to the Registrar General and the Central Authority by the sheriff clerk.

(2) A certified copy of the order making a Convention adoption order must be sent to the Registrar General and the Central Authority either by recorded delivery post in an envelope marked “Confidential”, or by personal delivery by the sheriff clerk in a sealed envelope marked “Confidential.”.