The Adoption Agencies (Scotland) Amendment Regulations 2010

The Adoption Agencies (Scotland) Regulations 2009^f1 are amended as follows.

In regulation 16(5)(b) (provision of information to parents: decision by adoption agency to make arrangements for adoption), after “section 4” insert “or 4A”.

In regulation 17(5)(b) (provision of information to parents: decision of adoption agency that an application under section 80 of the Act should be made), after “section 4” insert “or 4A”.

In regulation 18(3) (duties of adoption agencies: placing the child for adoption) for “an” substitute “on”.

After regulation 23 (application for a permanence order: child subject to supervision requirement) insert—

“Proposed application for permanence order: notification under section 105 of the Act

23A.

(1)

This regulation applies where a local authority is under a duty to give notice under section 105 of the Act that it—

(a)

proposes to apply for a permanence order; or

(b)

is required to make an application by virtue of regulation 21(2) or 23(6).

(2)

The information prescribed for the purpose of section 105(2)(b) of the Act is—

(a)

the date the local authority intends to make the application;

(b)

whether the authority intends to seek provision granting authority for the child to be adopted;

(c)

the ancillary provisions which the authority intends to seek in its application in terms of section 82 of the Act; and

(d)

the court which will receive the application.”.

After regulation 25 (duties of adoption agency following placement for adoption) insert—

“Proposed application for adoption order: notification under section 105 of the Act

25A.

(1)

This regulation applies where a local authority is under a duty to give notice under section 105 of the Act that an application for an adoption order has been, or is to be, made.

(2)

The information prescribed for the purpose of section 105(2)(b) of the Act is—

(a)

where the application has been lodged—

(i)

the court which received the application; and

(ii)

the date of the preliminary hearing if known to the local authority; or

(b)

where the application has not been lodged—

(i)

the court which will receive the application if known to the authority; and

(ii)

when the prospective adopters intend to make the application for the adoption order if known to the authority.”.

In paragraph 7(c) of Schedule 2 (memorandum: adoption of children) and paragraph 6(c) of Schedule 5 (memorandum: application for permanence order with authority for a child to be adopted) for “able” substitute “unable”.