The Parental Responsibilities and Parental Rights Agreement (Scotland) Amendment Regulations 2009
S.S.I. 2009/191 · Made 18 May 2009
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CHILDREN AND YOUNG PERSONS
Made 18th May 2009
Laid before the Scottish Parliament 19th May 2009
Coming into force 1st September 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 4(2) and 103(2) of the Children (Scotland) Act 1995f1 and all other powers enabling them to do so.
Annotations to the whole text
Footnotes
f1
1995 c. 36. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Section 103(2) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.
These Regulations may be cited as the Parental Responsibilities and Parental Rights Agreement (Scotland) Amendment Regulations 2009 and come into force on 1st September 2009.
The Parental Responsibilities and Parental Rights Agreement (Scotland) Regulations 1996f1 are amended in accordance with this regulation.
(2)
In regulation 2 (form of parental responsibilities and parental rights agreement) for “the Schedule” substitute “Schedule 1”.
(3)
After regulation 2 insert–
“3
The agreement between the mother and the other parent of a child under section 4A(1) of the Children (Scotland) Act 1995 (the acquisition of parental responsibilities and parental rights by that child’s second female parent by agreement with mother)f2 shall be in the form set out in Schedule 2 to these Regulations or in a form substantially to the like effect.”
(4)
Renumber the Schedule (parental responsibilities and parental rights agreement under section 4(1) of the Children (Scotland) Act 1995) as Schedule 1.
These Regulations amend the Parental Responsibilities and Parental Rights Agreement (Scotland) Regulations 1996 by prescribing the form for the agreement between the mother and other parent of a child that the other parent should have parental responsibilities and parental rights in relation to the child. This form is necessary because paragraph 51 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 has changed the Children (Scotland) Act 1995 to allow a child’s other parent to acquire parental responsibilities and parental rights by agreement with the child’s mother.
