- Latest available (Revised)
- Point in Time (10/11/2000)
- Original (As enacted)
Version Superseded: 01/04/2002
Point in time view as at 10/11/2000. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Adoption (Scotland) Act 1978, Section 65 is up to date with all changes known to be in force on or before 01 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 M1Adoption Act 1976 (adoption agencies in England and Wales) [F1and an adoption agency within the meaning of Article 3 of the Adoption (Northern Ireland) Order 1987 (adoption agencies in Northern Ireland)];
[F2 “adoption order”—
means an order under section 12(1); and
in sections 12(3) and (4), 18 to 20, 27, 28, [F330 and 31] and in the definition of “British adoption order”: in this subsection includes an order under section 12 of the M2Adoption Act 1976 and Article 12 of the M3Adoption (Northern Ireland) Order 1987 (adoption orders in England and Wales and Northern Ireland respectively); and
in sections 27, 28 , [F330 and 31] 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 [F4, or in connection with,] 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 M4Adoption Act 1976;
“authorised court” shall be construed in accordance with section 56;
“body of persons” means any body of persons, whether incorporated or unincorporated;
[F5 “British adoption order” means—
an adoption order as defined in this subsection; and
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;
[F6“compulsory measures of supervision” has the same meaning as in Part II of the Children (Scotland) Act 1995;]
“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 . . . F7or by a court of competent jurisdiction to be the guardian of the child, and
F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“internal law” has the meaning assigned by section 64;
F9“local authority” means a [F10council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] . . .
“notice” means a notice in writing;
“order freeing a child for adoption” means an order under section 18 [F11and, [F12sections 27(2) and 53 includes an order under–
section 18 of the Adoption Act 1976; and
Article 17 or 18 of the Adoption (Northern Ireland) Order 1987;]]
“overseas adoption” has the meaning assigned by subsection (2);
[F13“parent” means, irrespective of whether or not they are, or have been, married to each other—
the mother of the child, where she has parental responsibilities or parental rights in relation to him;
the father of the child where he has such responsibilities or rights; and
both of his parents, where both have such responsibilities or rights;
“parental responsibilities” and “parental rights” have the meanings respectively given by sections 1(3) and 2(4) of the Children (Scotland) Act 1995 (analogous expressions being construed accordingly);]
“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 [F14where he is not a parent within the meaning of this Act, and any person who would be a relative within the meaning of this definition if the father were such a parent;];
“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 F15 . . . any British territory outside the United Kingdom;
[F16“supervision requirement” has the same meaning as in Part II of the Children (Scotland) Act 1995;]
“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 [F17but the making, under section [F1870 of the Children (Scotland) Act 1995], 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.].
[F19(3A)In this Act, in relation to the proposed adoption of a child resident outside the British Islands, references to arrangements for the adoption of a child include references to arrangements for an assessment for the purpose of indicating whether a person is suitable to adopt a child or not.]
(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.
[F20(6)Any reference in this Act to a child being in, received into or kept in, care (whether or not such care is expressed as being the care of a local authority and except where the context otherwise requires) shall be taken to be a reference to his being looked after by a local authority and shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995; and any reference to the authority in whose care a child is, shall be construed accordingly.]
Textual Amendments
F1Words 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)
F2Definition 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)
F3Words in the definition of “adoption order” in s. 65(1) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(a)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F4Words in the definition of “adoption order” in s. 65(1) inserted (1.4.1997) by 1995 c. 36, s. 94(3) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F5Definition 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)
F6Definition in s. 65(1) inserted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(a)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F7Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 10(2), 11(4), Sch. 2
F8Words in the definition of “guardian” in s. 65(1) repealed (1.11.1996) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 29(a)(iii), Sch. 5 (with s. 103); S.I. 1996/2203, art. 3(3), Sch.
F9Words 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) and expressed to be repealed (1.4.1997) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 29(a)(iv), Sch. 5 (with s. 103(1); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F10Words in the definition of “local authority" in s. 65(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 111(3); S.I. 1996/323, art. 4(1)(c)
F11Words added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 9, Sch. 2 para. 45(b)
F12Words 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)
F13Definitions in s. 65(1) inserted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(v) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. (as amended by S.I. 1997/744, arts. 2, 3)
F14Words in the definition of “relative” in s. 65(1) substituted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(a)(vi) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.
F15Words 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)
F16Definition inserted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(a)(vii) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F17Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 49:6), ss. 27, 60(6)
F18Words in s. 65(3) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F19S. 65(3A) inserted (10.11.2000) by 1999 c. 18, s. 13; S.S.I. 2000/390, art. 2
F20S. 65(6) added (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(c) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
Modifications etc. (not altering text)
C1Words in s. 65(1) inserted (1.11.1996) by 1995 c. 36, s. 98(1), Sch. 2 para. 29(v) (with s. 103(1)),; S.I. 1996/2203, art. 3(3), Sch.
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: