(This note is not part of the Order)
This Order is made in consequence of the Adoption and Children (Scotland) Act 2007 (“the 2007 Act”). The 2007 Act repeals and replaces the Adoption (Scotland) Act 1978 (“the 1978 Act”) with the exception of Part 4 of that Act which concerns the status of adopted children. The 2007 Act provides for the making of permanence orders which grant authority to adopt. These orders will replace freeing orders under the 1978 Act.
This Order makes modifications to sections 47(6) and 105(2) of the Adoption and Children Act 2002 and articles 2 and 16(1)(a) of the Adoption (Northern Ireland) Order 1987 in order to provide that the references to freeing orders under the 1978 Act have effect as if they were references to a child subject to a relevant Scottish permanence order. A “relevant Scottish permanence order” is defined in article 2 of this Order as being either a permanence order made under section 80 of the 2007 Act which grants authority to adopt or a deemed permanence order substituted by virtue of transitional provisions in the Adoption and Children (Scotland) Act 2007 (Commencement No 4, Transitional and Savings Provisions) Order 2009). This would include an order made under section 80 of the 2007 Act which is subsequently amended under section 93 of that Act to include provision granting authority to adopt.
Article 6 provides that this Order will only remain in force for a period of 8 months from the day on which it comes into force.