Adoption (Scotland) Act 1978

65 Interpretation. S

(1) In this Act, unless the context otherwise requires—

• “adoption agency” in sections 11, 13, 18 to 23 and 27 includes an adoption agency within the meaning of section 1 of the M1 Adoption Act 1976 (adoption agencies in England and Wales) [F1 and an adoption agency within the meaning of Article 3 of the Adoption (Northern Ireland) Order 1987 (adoption agencies in Northern Ireland)];

• [F2 “adoption order”—

  (a)

  means an order under section 12(1); and

  (b)

  in sections 12(3) and (4), 18 to 20, 27, 28 and 30 to 32 and in the definition of “British adoption order”: in this subsection includes an order under section 12 of the M2 Adoption Act 1976 and Article 12 of the M3 Adoption (Northern Ireland) Order 1987 (adoption orders in England and Wales and Northern Ireland respectively); and

  (c)

  in sections 27, 28 and 30 to 32 includes an order under section 49, section 55 of the Adoption Act 1976 and Article 57 of the Adoption (Northern Ireland) Order 1987 (orders in relation to children being adopted abroad);]

• “adoption society” means a body of persons whose functions consist of or include the making of arrangements for the adoption of children;

• “approved adoption society” means an adoption society approved under Part I and, in sections 30 and 45, includes an adoption society approved under Part I of the M4 Adoption Act 1976;

• “authorised court” shall be construed in accordance with section 56;

• “body of persons” means any body of persons, whether incorporated or unincorporated;

• [F3 “British adoption order” means—

  (a)

  an adoption order as defined in this subsection; and

  (b)

  an order under any provision for the adoption of a child effected under the law of any British territory outside the United Kingdom;]

• “British territory” means, for the purposes of any provision of this Act, any of the following countries, that is to say, Great Britain, Northern Ireland, the Channel Islands, the Isle of Man and a colony, being a country designated for the purposes of that provision by order of the Secretary of State or, if no country is so designated, any of those countries;

• “child”, except where used to express a relationship, means a person who has not attained the age of 18 years;

• “the Convention” means the Convention relating to the adoption of children concluded at The Hague on 15th November 1965 and signed on behalf of the United Kingdom on that date;

• “Convention adoption order” means an adoption order made in accordance with section 17(1);

• “Convention country” means any country outside British territory, being a country for the time being designated by an order of the Secretary of State as a country in which, in his opinion, the Convention is in force;

• “England” includes Wales;

• “guardian” means—

(a) a person appointed by deed or will . . . F4 or by a court of competent jurisdiction to be the guardian of the child, and

(b) in the case of [F5 a child whose father is not married to the mother, includes the father where he has, in relation to the child, [F6 guardianship], custody, access or any other parental right by virtue of an order by a court of competent jurisdiction.]

• “internal law” has the meaning assigned by section 64;

• “local authority” means a regional or islands council F7 . . .

• “notice” means a notice in writing;

• “order freeing a child for adoption” means an order under section 18 [F8 and, [F9 sections 27(2) and 53 includes an order under–

  (a)

  section 18 of the Adoption Act 1976; and

  (b)

  Article 17 or 18 of the Adoption (Northern Ireland) Order 1987;]]

• “overseas adoption” has the meaning assigned by subsection (2);

• “place of safety” means any residential or other establishment provided by a local authority, a police station, or any hospital, surgery or other suitable place the occupier of which is willing temporarily to receive a child;

• “prescribed” means prescribed by act of sederunt;

• “Registrar General for Scotland” means the Registrar General of Births, Deaths and Marriages for Scotland;

• “regulated adoption” means an overseas adoption of a description designated by an order under subsection (2) as that of an adoption regulated by the Convention;

• “relative” in relation to a child means a grandparent, brother, sister, uncle or aunt, whether of the full blood or half-blood or by affinity and includes, where the child is illegitimate, the father of the child and any person who would be a relative within the meaning of this definition if the child were the legitimate child of his mother and father;

• “rules” means rules made by act of sederunt;

• “specified order” means any provision for the adoption of a child effected under enactments similar to section 12(1) and 17 in force in F10 . . . any British territory outside the United Kingdom;

• “United Kingdom national” means, for the purposes of any provision of this Act, a citizen of the United Kingdom and Colonies satisfying such conditions, if any, as the Secretary of State may by order specify for the purposes of that provision;

• “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit.

(2) In this Act “overseas adoption” means an adoption of such a description as the Secretary of State may by order specify, being a description of adoptions of children appearing to him to be effected under the law of any country outside Great Britain; and an order under this subsection may contain provision as to the manner in which evidence of an overseas adoption may be given.

(3) For the purposes of this Act, a person shall be deemed to make arrangements for the adoption of a child if he enters into or makes any agreement or arrangement for, or for facilitating, the adoption of the child by any other person, whether the adoption is effected, or is intended to be effected, in Great Britain or elsewhere, or if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor, or if he causes another person to do so [F11 but the making, under section 44 of the Social Work (Scotland) Act 1968, by a children’s hearing of a supervision requirement which, in respect that it provides as to where he is to reside, facilitates his being placed for adoption by an adoption agency, shall not constitute the making of such arrangements.].

(4) Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(5) In this Act, except where otherwise indicated—

(a) a reference to a numbered Part, section or Schedule is a reference to the Part or section of, or the Schedule to, this Act so numbered, and

(b) a reference in a section to a numbered subsection is a reference to the subsection of that section so numbered, and

(c) a reference in a section, subsection or Schedule to a numbered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered.

Textual Amendments

F1 Words in s. 65(1) added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 88, Sch. 10 para. 46(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F2 Definition of “adoption order”: in s. 65(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 46(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F3 Definition of “British adoption order”: in s. 65(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 46(c) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F4 Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 10(2), 11(4), Sch. 2

F5 Words substituted by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 10(1), 11(4), Sch. 1 para. 18(4)

F6 Words in s. 65(1) substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para.36 (with s. 1(3))

F7 Words in s. 65(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F8 Words added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 45(b)

F9 Words in s. 65(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 46(d) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F10 Words in s. 65(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F11 Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), ss. 27, 60(6)

Marginal Citations

M1 1976 c. 36.

M2 1976 c.36 (49:11).

M3 S.I. 1987/2203 (N.I. 22).

M4 1976 c. 36.