SCHEDULES

Valid from 01/11/1996

SCHEDULE 2 S Amendments of the Adoption (Scotland) Act 1978

29 In section 65 (interpretation)—

(a) in subsection (1)—

(i) in the definition of “adoption order”, in each of paragraphs (b) and (c), for the words “and 30 to 32” substitute “ 30 and 31 ”;

(ii) after the definition of “child” insert—

““compulsory measures of supervision” has the same meaning as in Part II of the Children (Scotland) Act 1995;”;

(iii) in the definition of “guardian”, paragraph (b) shall cease to have effect;

(iv) in the definition of “local authority”, the words “, 35(1)” shall cease to have effect;

(v) after the definition of “overseas adoption” insert—

““parent” means, irrespective of whether or not they are, or have been, married to each other—

(a) the mother of the child, where she has parental responsibilities or parental rights in relation to him;

(b) the father of the child where he has such responsibilities or rights; and

(c) 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);”;

(vi) in the definition of “relative” for the words from “and any person” to the end substitute “ where 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; ” and

(vii) after the definition of “specified order” insert—

““supervision requirement” has the same meaning as in Part II of the Children (Scotland) Act 1995;”;

(b) in subsection (3), for the words “44 of the Social Work (Scotland) Act 1968” substitute “ 70 of the Children (Scotland) Act 1995 ”; and

(c) after subsection (5) add—

“(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.”.

Commencement Information

I1 Sch. 2 para. 29 wholly in force at 1.4.1997; Sch. 2 para. 29 not in force at Royal Assent see s. 105(1); Sch. 2 para. 29(a)(iii)(v)(vi) in force at 1.11.1996 by S.I. 1996/2203, art. 3(3), Sch. (with arts. 4-7) (as amended (19.1.1997) by S.I. 1997/137, art. 2); Sch. 2 para. 29 in force at 1.4.1997 insofar as not already in force by S.I. 1996/3201, art. 3(7) (with arts. 4-6) (as amended (7.3.1997) by S.I. 1997/744, arts. 2, 3)