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SCHEDULES

SCHEDULE 2Amendments of the Adoption (Scotland) Act 1978

10In section 16 (provision for parental agreement to adoption order)—

(a)for subsection (2) substitute—

(2)The grounds mentioned in subsection (1)(b)(ii) are, that the parent or guardian—

(a)is not known, cannot be found or is incapable of giving agreement;

(b)is withholding agreement unreasonably;

(c)has persistently failed, without reasonable cause, to fulfil one or other of the following parental responsibilities in relation to the child—

(i)the responsibility to safeguard and promote the child’s health, development and welfare; or

(ii)if the child is not living with him, the responsibility to maintain personal relations and direct contact with the child on a regular basis;

(d)has seriously ill-treated the child, whose reintegration into the same household as the parent or guardian is, because of the serious ill-treatment or for other reasons, unlikely.; and

(b)subsection (5) shall cease to have effect.