SCHEDULES

SCHEDULE 2 Amendments of the Adoption (Scotland) Act 1978

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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.