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Adoption (Scotland) Act 1978
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- 1978 c. 28
- Part IV
- Section 41
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Version Superseded: 05/12/2005
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- 21/12/2018- Amendment
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41 Miscellaneous enactments.S
(1)Section 39 does not apply in determining the forbidden degrees of consanguinity and affinity in respect of the law relating to marriage or in respect of the crime of incest, except that, on the making of an adoption order, the adopter and the child shall be deemed, for all time coming, to be within the said forbidden degrees in respect of the law relating to marriage [F1and incest].
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2section 39 does not apply for the purposes of any provision of—
(a)[F3the British Nationality Act 1981],
(b)the M1Immigration Act 1971,
(c)any instrument having effect under an enactment within paragraph (a) or (b), or
(d)any other law for the time being in force which determines [F4British citizenship, British Dependent Territories citizenship [F5, the status of a British National (Overseas)] or British Overseas citizenship.]
(3)–(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F1Words added by Incest and Related Offences (Scotland) Act 1986 (c. 36, SIF 39:5), ss. 2(1), 3(4), Sch. 1 para. 5
F2Words repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 52(8), Sch. 9
F3Words substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(6), Sch. 7
F4Words substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(6), Sch. 7
F5Words inserted by S.I. 1986/948, art. 8, Sch.
F6S. 41(3)–(5) repealed by Social Security Act 1988 (c. 7, SIF 113:1), ss. 16, 19(3), Sch. 5
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