Adoption (Scotland) Act 1978

1 Establishment of Adoption Service. S

(1) It is the duty of every local authority to establish and maintain within their area a service designed to meet the needs, in relation to adoption, of—

(a) children who have been or may be adopted;

(b) parents and guardians of such children; and

(c) persons who have adopted or may adopt a child;

and for that purpose to provide the requisite facilities, or secure that they are provided by [F1 registered adoption services].

(2) The facilities to be provided as part of the service maintained under subsection (1) include—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) arrangements for assessing children and prospective adopters, and placing children for adoption;

[F3 (bb) counselling and assistance (but, without prejudice to sections 51 to 51B, not assistance in cash) to children who have been adopted and to persons who have adopted a child; and

(c) counselling for other persons if they have problems relating to adoption.]

(3) The facilities of the service maintained under subsection (1) shall be provided in conjunction with the local authority’s other social services and with [F4 registered adoption services] in their area, so that help may be given in a co-ordinated manner without duplication, omission or avoidable delay.

[F5 (3A) In this Part, references to adoption are to the adoption of children, wherever they may be habitually resident, effected under the law of any country or territory, whether within or outside the British Islands.]

(4) The services maintained by local authorities under subsection (1) may be collectively referred to as “:the Scottish Adoption Service”:, and a local authority or [F6 registered adoption service] may be referred to as an adoption agency.

[F7 (5) In this Act, “registered adoption service” means an adoption service provided as mentioned in section 2(11)(b) of the Regulation of Care (Scotland) Act 2001 (asp 8) and registered under Part 1 of that Act.]

Textual Amendments

F1 Words in s. 1(1) substituted (1.4.2004) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 81(2), sch. 3 para. 7(2)(a); S.S.I. 2004/100, art. 2(e) (with arts. 3, 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2)

F2 S. 1(2)(a) repealed (1.4.1997) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 2(a), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F3 S. 1(2)(bb)(c) substituted for s. 1(2)(c) (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 2(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F4 Words in s. 1(3) substituted (1.4.2004) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 81(2), sch. 3 para. 7(2)(a); S.S.I. 2004/100, art. 2(e) (with arts. 3, 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2)

F5 S. 1(3A) inserted (2.7.2001) by 1999 c. 18, s. 9; S.S.I. 2001/235, art. 2

F6 Words in s. 1(4) substituted (1.4.2004) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 81(2), sch. 3 para. 7(2)(b); S.S.I. 2004/100, art. 2(e) (with arts. 3, 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2)

F7 S. 1(5) inserted (1.4.2004) by Regulation of Care (Scotland) Act 2001 (asp 8), s. 81(2), sch. 3 para. 7(2)(c); S.S.I. 2004/100, art. 2(e) (with arts. 3, 4) (as amended (30.9.2004) by S.S.I. 2004/377, art. 2)