Act of Sederunt (Child Care and Maintenance Rules) 1997

Final procedure S

2.14—(1) Where an order under this Part has been granted the sheriff clerk shall–

(a) after the expiry of 14 days from the date of, or date of confirmation of, the order without appeal having been taken, issue an extract of the order to the petitioner and thereafter seal the process in an envelope marked “Confidential"; and

(b) where that order includes a determination under section 18(9) of the Act (cancellation of supervision requirement) M1 , intimate the making of that determination to the Principal Reporter.

(2) The envelope referred to in paragraph (1)(a) shall not be unsealed by the sheriff clerk or any other person having control of the records of that or any court, and the process shall not be made accessible to any person, for one hundred years after the date of the granting of the order except–

(a) to the person freed for adoption by the order once he has attained the age of sixteen years;

(b) to the sheriff clerk, on an application made to him by an adoption agency, with the consent of the person to whom the process relates, for the purpose only of ascertaining the name of the agency, if any, responsible for the placement of that person and informing the applicant of that name;

(c) to a person, on an application made by him to the sheriff setting forth the reasons for which access to the process is required;

(d) to a court, public authority or administrative board (whether in the United Kingdom or not) having power to authorise an adoption, on petition by it to the court which granted the original order requesting that information be made available from the process for the purpose of discharging its duties in considering an application for adoption and specifying the precise reasons for which access to the process is required; or

(e) to a person who is authorised by the Secretary of State to obtain information from the process for the purposes of such research as is intended to improve the working of adoption law and practice.

Marginal Citations

M1 Section 18(9) was added by the Children (Scotland) Act 1995, Schedule 2, paragraph 11(d).