Regulation 21 Application for a permanence order: child not subject to supervision requirement

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 21 cross-heading words substituted by Children's Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) 2014 Sch. para. 1(3)(a)
reg 21 appl (mod) by Adoptions with a Foreign Element 2009 reg 62
reg. 21(1) words substituted by Children's Hearings (Scotland) Act 2011 (Modification of Subordinate Legislation) 2014 Sch. para. 1(3)(b)

(1)

This regulation applies where an adoption agency which is a local authority is considering making arrangements for adoption in respect of a child who is not subject to a supervision requirement.

(2)

The adoption agency must make an application for a permanence order in accordance with paragraph (3) by the end of the period of 28 days from–

(a)

the receipt of the certificate specified in regulation 16(3)(b) or 17(3)(b) certifying that the parent or guardian does not agree with the decision; or

(b)

the date the adoption agency makes a determination to proceed under regulation 20 as though the parental agreement is not forthcoming.

(3)

In making the application for a permanence order the local authority must, in that application, request that the order include–

(a)

ancillary provisions vesting in the local authority the parental responsibilities and parental rights referred to in section 82(1)(a) of the Act; and

(b)

provision granting authority for the child to be adopted.

(4)

Paragraph (2) does not apply where an application for an adoption order has been made in relation to the child.