Children (Scotland) Act 1995

5 In section 9 (regulations relating to an adoption agency’s exercise of its functions)—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after subsection (3) insert—

“(3A) Regulations under this section may make provision—

(a) as to the determination by an adoption agency of whether, as regards a child for whose adoption it proposes to make arrangements, any such agreement as is mentioned in sections 16(1)(b)(i) and 18(1)(a) is likely to be forthcoming and as to a period by the end of which, if they have determined that the agreement is unlikely to be forthcoming and if no application has been made for an adoption order in relation to the child, application for an order under section 18(1) shall require to be made in relation to him; and

(b) where the case of a child for whose adoption an adoption agency proposes to make arrangements is referred under section 73(4)(c)(ii) or (iii) of the Children (Scotland) Act 1995 to the Principal Reporter (within the meaning of Part II of that Act), as to circumstances in which and, on the occurrence of such circumstances, a period by the end of which, if no application has been made for an adoption order in relation to the child, application for an order under section 18(1) shall require to be made in relation to him.”.

Textual Amendments

F1 Sch. 2 para. 5(a) repealed (1.4.2004) by 2001 asp 8, ss. 80(1), 81(2), Sch. 4; S.S.I. 2004/100, art. 2(f)(g) (with arts. 3, 4 (as amended by S.S.I. 2004/377, art. 2))

Commencement Information

I1 Sch. 2 para. 5 wholly in force at 1.4.1997; Sch. 2 para. 5 not in force at Royal Assent see s. 105(1); Sch. 2 para. 5 in force for certain purposes at 12.12.1996 by S.I. 1996/3201, art. 3(4) (with arts. 4-6 (as inserted (7.3.1997) by S.I. 1997/744, art. 3)); Sch. 2 para. 5 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)