Section 38 Meaning of “adoption order”: in Part IV.

Scotland

(1)

In this Part “adoption order” means—

(a)

an adoption order within the meaning of section 65(1);

(b)

an adoption order under the M1Children Act 1975, the M2Adoption Act 1958, the M3Adoption Act 1950 or any enactment repealed by the Adoption Act 1950;

(c)

an order effecting an adoption made in England, Wales, Northern Ireland, the Isle of Man or any of the Channel Islands;

F1(cc)

a Convention adoption;

(d)

an “overseas adoption”: within the meaning of section 65(2); or

(e)

any other adoption recognised by the law of Scotland;

and cognate expressions shall be construed accordingly.

(2)

The definition of adoption order includes, where the context admits, an adoption order which took effect before the commencement of the M4Children Act 1975.

Annotations

Textual amendments

F1: S. 38(1)(cc) inserted (1.6.2003) by Adoption (Intercountry Aspects) Act 1999 (c. 18), ss. 5(1), 18(3) (with s. 17); S.S.I. 2003/121, art. 2(c)

Marginal citations

M1: 1975 c. 72.
M2: 1958 c. 5 (7 & 8 Eliz. 2).
M3: 1950 c. 26.
M4: 1975 c. 72.

Notes on Part IV

Modifications

C1: Part IV (meaning of "adopted ") applied (5.4.1993) by Child Support Act 1991 (SIF 20, c. 48), s. 26(3) (with s. 9(2)); S.I. 1992/2644, art.2
C2: Pt. IV applied (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 39(3), 121(2); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)