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The Adoptions with a Foreign Element (Scotland) Regulations 2009

S.S.I. 2009/182 · Made 14 May 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CHILDREN AND YOUNG PERSONS

Made 14th May 2009

Laid before the Scottish Parliament 15th May 2009

Coming into force 28th September 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1(1) to (3) and (5) of the Adoption (Intercountry Aspects) Act 1999f1 and sections 8, 58(5), (6), (7) and (10), 59(3) and (6) and 61(1) of the Adoption and Children (Scotland) Act 2007f2 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1999 c. 18. Section 1 of the Adoption (Intercountry Aspects) Act 1999 enables the Scottish Ministers to make regulations to give effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption concluded at the Hague on 29th May 1993 (“the Convention”). The functions of the Secretary of State transferred to the Scottish Ministers by virtue of section 16(2) of the 1999 Act and section 53 of the Scotland Act 1998 (c. 46).

f2

2007 asp 4.

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: BRINGING CHILDREN INTO, AND TAKING CHILDREN OUT OF, THE UNITED KINGDOM
  5. Chapter 1: BRINGING CHILDREN INTO THE UNITED KINGDOM
  6. 3Requirements applicable in respect of bringing, or causing another to bring, a child into the United Kingdom
  7. 4Conditions applicable in respect of a child brought into the United Kingdom
  8. 5Functions imposed on the local authority
  9. 6Application of Chapter 2 of Part 1 of the Act
  10. Chapter 2: TAKING CHILDREN OUT OF THE UNITED KINGDOM
  11. 7Orders under section 59 of the Act: requirements
  12. 8Matters to be submitted to the court under regulation 7
  13. 9Application of the Act in respect of orders under section 59
  14. Part 3: ADOPTIONS UNDER THE CONVENTION
  15. Chapter 1: PROCEDURE IN SCOTLAND WHERE THE UNITED KINGDOM IS THE RECEIVING STATE
  16. 10Application of Chapter 1
  17. 11Application: eligibility, and suitability, to adopt
  18. 12Determination of eligibility to adopt
  19. 13Provision of information
  20. 14Case records and counselling
  21. 15Criminal record checks
  22. 16Duties of adoption agency prior to decision on suitability
  23. 17Functions of the adoption panel
  24. 18Adoption agency decision, notification and request for review
  25. 19Review without request
  26. 20Procedure following decision that prospective adopters are suitable to adopt
  27. 21Procedure following receipt of Article 16 Information
  28. 22Procedure where proposed adoption not to proceed
  29. 23Child’s entry into the United Kingdom
  30. 24Notifications to be given prior to child’s entry into the United Kingdom
  31. 25Child’s entry into the United Kingdom where no Convention adoption made: applicable provisions
  32. 26Duty of prospective adopters to notify local authority
  33. 27Functions of the local authority following child’s entry into the United Kingdom
  34. 28Duty of prospective adopters
  35. 29Prospective adopters not wishing to proceed with adoption
  36. 30Withdrawal of child from prospective adopters
  37. 31Breakdown of placement
  38. 32Convention adoptions subject to a probationary period
  39. 33Report of local authority investigation
  40. 34Convention adoption order
  41. 35Requirements following a Convention adoption order or a Convention adoption
  42. 36Convention adoption order: refusal or withdrawal
  43. 37Annulment of Convention adoption order or Convention adoption
  44. Chapter 2: PROCEDURE IN SCOTLAND WHERE THE UNITED KINGDOM IS THE STATE OF ORIGIN
  45. 38Application of Chapter 2
  46. 39Counselling and information for the child
  47. 40Counselling and information for parent or guardian and counselling for others
  48. 41Information for inclusion in report and for adoption panel
  49. 42Function of the adoption panel in assessing the child
  50. 43Decision and notification
  51. 44Convention list
  52. 45Receipt of Article 15 Report
  53. 46Proposed placement: functions of adoption panel and adoption agency
  54. 47Adoption agency’s decision: notification and return of documents
  55. 48Preparation of the Article 16 Report
  56. 49Requirements to be met before child placed with Convention prospective adopter
  57. 50Requirements for order under section 59 of the Act prior to proposed Convention adoption
  58. 51Convention adoption order
  59. 52Requirements following a Convention adoption order or a Convention adoption
  60. Chapter 3: MISCELLANEOUS PROVISIONS
  61. 53Application of the Act to, and making of, Convention adoption orders
  62. 54Notification to local authority of adoption application
  63. 55Prohibition on removal where Convention adoption order pending
  64. 56Removal of children
  65. 57Return or delivery of child
  66. 58Age of person in respect of whom Convention adoption order may be made
  67. 59Application for Convention adoption order by relevant couple
  68. 60Application for Convention adoption order by one person
  69. 61Convention adoption orders: consent
  70. 62Application and modification of the Adoption Agencies Regulations
  71. 63Offences
  72. Part 4: REVOCATION
  73. 64Revocation
  74. Signature
  75. Schedule 1: SPECIFIED OFFENCES
  76. 1Offences in Scotland
  77. 2Offences in Scotland
  78. 3Offences in Scotland
  79. 4Offences in Scotland
  80. 5Offences in Scotland
  81. 6Offences in Northern Ireland
  82. 7Offences in Northern Ireland
  83. 8Offences in Northern Ireland
  84. 9Offences in Northern Ireland
  85. 10Offences in Northern Ireland
  86. 11Offences in Northern Ireland
  87. 12Offences in Northern Ireland
  88. 13Offences in Northern Ireland
  89. 14Offences in Northern Ireland
  90. 15Offences in Northern Ireland
  91. 16Offences in Northern Ireland
  92. 17Offences in Northern Ireland
  93. 18Offences in Northern Ireland
  94. 19Offences in Northern Ireland
  95. Schedule 2CERTIFICATE OF ELIGIBILITY AND APPROVAL
  96. Schedule 3CERTIFICATE THAT AN ADOPTION HAS BEEN MADE IN ACCORDANCE WITH THE CONVENTION
  97. Explanatory note