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Adoption (Scotland) Act 1978
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Changes over time for: Paragraph 5
Version Superseded: 28/09/2009
Alternative versions:
- 01/02/1991- Amendment
- 01/11/1996
Point in time - 28/09/2009- Amendment
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Point in time view as at 01/11/1996.
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Adoption (Scotland) Act 1978, Paragraph 5 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5(1)Without prejudice to paragraph 1, an adoption order made under an enactment at any time before this Act comes into force shall not cease to have effect by virtue only of a repeal effected by this Act.S
(2)Paragraph 4(1) and (2) of Schedule 1 shall apply in relation to an adoption order made before this Act came into force as if the order had been made under section 12, but as if, in sub-paragraph (1)(b) of the said paragraph 4, there were substituted for the reference to paragraph 1(5) and (6) a reference—
(a)in the case of an order under the M1Adoption Act 1950, to section 20(4) and (5) of that Act,
(b)in the case of an order under the M2Adoption Act 1958, to section 23(4) and (5) of that Act.
(3)The power of the court under the said paragraph 4(1) to amend an order includes power, in relation to an order made before 1st April 1959, to make on the application of the adopter or adopted person any such amendment of the particulars contained in the order as appears to be required to bring the order into the form in which it would have been made if paragraph 1 of Schedule 1 had applied to the order.
(4)Section 46(1) and paragraph 6 of Schedule 1 shall apply in relation to an adoption order made under an enactment at any time before this Act came into force as they apply in relation to an adoption order made under this Act.
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