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Adoption (Scotland) Act 1978
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- UK Public General Acts
- 1978 c. 28
- Part VI
- Section 58
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Changes over time for: Section 58
Version Superseded: 28/09/2009
Alternative versions:
- 01/02/1991- Amendment
- 01/11/1996- Amendment
- 01/04/2002
Point in time - 28/09/2009- Amendment
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Adoption (Scotland) Act 1978, Section 58 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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58 Curators ad litem and reporting officers. S
(1)For the purpose of any application for an adoption order or an order freeing a child for adoption or an order under section 20 or 49, rules shall provide for the appointment, in such cases as are prescribed—
(a)of a person to act as curator ad litem of the child upon the hearing of the application, with the duty of safe-guarding the interests of the child in the prescribed manner;
(b)of a person to act as reporting officer for the purpose of witnessing agreements to adoption and performing such other duties as the rules may prescribe.
(2)A person who is employed—
(a)in the case of an application for an adoption order, by the adoption agency by whom the child was placed; or
(b)in the case of an application for an order freeing a child for adoption, by the adoption agency by whom the application was made; or
(c)in the case of an application under section 20, by the adoption agency with the parental [F1responsibilities and parental rights in relation] to the child,
shall not be appointed to act as curator ad litem or reporting officer for the purposes of the application but, subject to that, the same person may if the court thinks fit be both curator ad litem and reporting officer.
(3)Rules may provide for the reporting officer to be appointed before the application is made.
Textual Amendments
F1Words in s. 58(2)(c) substitituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 26 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
Modifications etc. (not altering text)
C1S. 58 excluded (transitionally) by S.I. 1984/1050, art. 4, Sch. paras. 2, 3
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