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The Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010

S.S.I. 2010/21 · Made 26 January 2010 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 24 June 2013.

Children And Young Persons

Made 26th January 2010

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 116 of the Adoption and Children (Scotland) Act 2007f1 and all other powers enabling them to do so.

In accordance with section 117(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2007 asp 4.

Contents

  1. 1Citation and commencement
  2. 2Modifications of enactments
  3. Signature
  4. Schedule: MODIFICATION OF ENACTMENTS
  5. Registration of Births, Deaths and Marriages (Scotland) Act 1965
  6. 1Paragraph 1
  7. Social Work (Scotland) Act 1968
  8. 2Paragraph 2
  9. Foster Children (Scotland) Act 1984
  10. 3Paragraph 3
  11. Civil Evidence (Family Mediation) (Scotland) Act 1995
  12. 4Paragraph 4
  13. Children (Scotland) Act 1995
  14. 5Paragraph 5 Repealed
  15. Regulation of Care (Scotland) Act 2001
  16. 6Paragraph 6
  17. Local Electoral Administration and Registration Services (Scotland) Act 2006
  18. 7Paragraph 7
  19. Adoption and Children (Scotland) Act 2007
  20. 8Paragraph 8
  21. Explanatory note

1Citation and commencementI1

This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010 and shall come into force on the day after the day on which it is made.

2Modifications of enactmentsI1

The Schedule to this Order, which makes modification of certain enactments, has effect.

Signature

ADAM INGRAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th January 2010

1I1

In subsection (5) of section 39E of the Registration of Births, Deaths and Marriages (Scotland) Act 1965f1 (abbreviated extracts) for “section 45(1) of the Adoption Act 1978 (c.28)” substitute “section 53(1) of the Adoption and Children (Scotland) Act 2007 (asp 4)”.

2I1

In subsection (3A) of section 10 of the Social Work (Scotland) Act 1968f1 (financial and other assistance to voluntary organisations etc. for social work) the word “support” is repealed.

3I1

In subsection (1) of section 7 of the Foster Children (Scotland) Act 1984f1 (persons disqualified from keeping foster children)—

(a)

the word “or” immediately following paragraph (f) is repealed;

(b)

after paragraph (g) add—

“; or

(h)

all his parental responsibilities and parental rights have been extinguished by a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4)”.

4I1

In sub-paragraph (iii) of section 2(1)(d) of the Civil Evidence (Family Mediation) (Scotland) Act 1995f1 (exceptions to general rule of inadmissibility) for “section 29(1)” substitute “section 28(1)”.

5F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6I1

(1)

The Regulation of Care (Scotland) Act 2001f1 is amended as follows.

(2)

In section 2 (care services) subsection (13) is repealed.

(3)

In paragraph (b) of subsection (6) of section 25f2 (inspections)—

(a)

after “(c.18)” insert “or section 3, 8, 13 or 37 of the Adoption and Children (Scotland) Act 2007 (asp 4)”; and

(b)

the words “or section 8 or 37 of the Adoption and Children (Scotland) Act 2007 (asp 4)” are repealed.

7I1

In paragraph (k) of subsection (2) of section 58 of the Local Electoral Administration and Registration Services (Scotland) Act 2006f1 (issuing of other material kept or held by the Registrar General), for the words from “or”, where it first occurs, to the end of the paragraph, substitute “maintained under section 53(1) of the Adoption and Children (Scotland) Act 2007 (asp 4) or any register or book maintained in pursuance of section 55(1) of that Act”.

8I1

(1)

The Adoption and Children (Scotland) Act 2007f1 is amended as follows.

(2)

In section 10 (provision of services) the word “adoption”, where it occurs in each of subsections (1) and (2)(a), is repealed.

(3)

In section 26 (looked after children: adoption not proceeding) subsection (10) is repealed.

(4)

In subsection (2) of section 76 (adoption societies which are not registered adoption services) for “that Act” substitute “the 2002 Act”.

(5)

In subsection (2) of section 109 (proceedings to be in private)—

(a)

in paragraph (g) the word “and” is repealed; and

(b)

after paragraph (g) insert—

“(ga)

section 98, and”.

Explanatory note

(This note is not part of the Order)

This Order makes modifications to primary legislation. These modifications are consequential and supplemental to the Adoption and Children (Scotland) Act 2007 (asp 4).

The modifications are set out in the Schedule to the Order, which Schedule has effect in accordance with article 2 of the Order.