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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111007174

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.

Draft Order laid before the Scottish Parliament under section 117(5) of the Adoption and Children (Scotland) Act 2007, for approval by resolution of the Scottish Parliament.

Children And Young Persons

Made 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
  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 commencement

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 enactments

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

Signature

     

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

1

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)”.

2

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.

3

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)”.

4

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)”.

5

In paragraph (l) of subsection (2) of section 52 of the Children (Scotland) Act 1995f1 (children requiring compulsory measures of supervision) for the words from “, or”, where it first occurs, to “Act” substitute “of this Act or is the subject of a permanence order made under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4)”.

6

(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.

7

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”.

8

(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.