The Adoptions with a Foreign Element (Scotland) Regulations 2009
S.S.I. 2009/182 · Made 14 May 2009
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
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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
Contents
- Part 1: GENERAL
- 1Citation and commencement
- 2Interpretation
- Part 2: BRINGING CHILDREN INTO, AND TAKING CHILDREN OUT OF, THE UNITED KINGDOM
- Chapter 1: BRINGING CHILDREN INTO THE UNITED KINGDOM
- 3Requirements applicable in respect of bringing, or causing another to bring, a child into the United Kingdom
- 4Conditions applicable in respect of a child brought into the United Kingdom
- 5Functions imposed on the local authority
- 6Application of Chapter 2 of Part 1 of the Act
- Chapter 2: TAKING CHILDREN OUT OF THE UNITED KINGDOM
- 7Orders under section 59 of the Act: requirements
- 8Matters to be submitted to the court under regulation 7
- 9Application of the Act in respect of orders under section 59
- Part 3: ADOPTIONS UNDER THE CONVENTION
- Chapter 1: PROCEDURE IN SCOTLAND WHERE THE UNITED KINGDOM IS THE RECEIVING STATE
- 10Application of Chapter 1
- 11Application: eligibility, and suitability, to adopt
- 12Determination of eligibility to adopt
- 13Provision of information
- 14Case records and counselling
- 15Criminal record checks
- 16Duties of adoption agency prior to decision on suitability
- 17Functions of the adoption panel
- 18Adoption agency decision, notification and request for review
- 19Review without request
- 20Procedure following decision that prospective adopters are suitable to adopt
- 21Procedure following receipt of Article 16 Information
- 22Procedure where proposed adoption not to proceed
- 23Child’s entry into the United Kingdom
- 24Notifications to be given prior to child’s entry into the United Kingdom
- 25Child’s entry into the United Kingdom where no Convention adoption made: applicable provisions
- 26Duty of prospective adopters to notify local authority
- 27Functions of the local authority following child’s entry into the United Kingdom
- 28Duty of prospective adopters
- 29Prospective adopters not wishing to proceed with adoption
- 30Withdrawal of child from prospective adopters
- 31Breakdown of placement
- 32Convention adoptions subject to a probationary period
- 33Report of local authority investigation
- 34Convention adoption order
- 35Requirements following a Convention adoption order or a Convention adoption
- 36Convention adoption order: refusal or withdrawal
- 37Annulment of Convention adoption order or Convention adoption
- Chapter 2: PROCEDURE IN SCOTLAND WHERE THE UNITED KINGDOM IS THE STATE OF ORIGIN
- 38Application of Chapter 2
- 39Counselling and information for the child
- 40Counselling and information for parent or guardian and counselling for others
- 41Information for inclusion in report and for adoption panel
- 42Function of the adoption panel in assessing the child
- 43Decision and notification
- 44Convention list
- 45Receipt of Article 15 Report
- 46Proposed placement: functions of adoption panel and adoption agency
- 47Adoption agency’s decision: notification and return of documents
- 48Preparation of the Article 16 Report
- 49Requirements to be met before child placed with Convention prospective adopter
- 50Requirements for order under section 59 of the Act prior to proposed Convention adoption
- 51Convention adoption order
- 52Requirements following a Convention adoption order or a Convention adoption
- Chapter 3: MISCELLANEOUS PROVISIONS
- 53Application of the Act to, and making of, Convention adoption orders
- 54Notification to local authority of adoption application
- 55Prohibition on removal where Convention adoption order pending
- 56Removal of children
- 57Return or delivery of child
- 58Age of person in respect of whom Convention adoption order may be made
- 59Application for Convention adoption order by relevant couple
- 60Application for Convention adoption order by one person
- 61Convention adoption orders: consent
- 62Application and modification of the Adoption Agencies Regulations
- 63Offences
- Part 4: REVOCATION
- 64Revocation
- Signature
- Schedule 1: SPECIFIED OFFENCES
- 1Offences in Scotland
- 2Offences in Scotland
- 3Offences in Scotland
- 4Offences in Scotland
- 5Offences in Scotland
- 6Offences in Northern Ireland
- 7Offences in Northern Ireland
- 8Offences in Northern Ireland
- 9Offences in Northern Ireland
- 10Offences in Northern Ireland
- 11Offences in Northern Ireland
- 12Offences in Northern Ireland
- 13Offences in Northern Ireland
- 14Offences in Northern Ireland
- 15Offences in Northern Ireland
- 16Offences in Northern Ireland
- 17Offences in Northern Ireland
- 18Offences in Northern Ireland
- 19Offences in Northern Ireland
- Schedule 2CERTIFICATE OF ELIGIBILITY AND APPROVAL
- Schedule 3CERTIFICATE THAT AN ADOPTION HAS BEEN MADE IN ACCORDANCE WITH THE CONVENTION
- Explanatory note