Section 24 Provisions supplementary to s. 23.C1

Scotland

(1)

For the purposes of the law regulating the succession to any property and for the purposes of the construction of any such deed as is mentioned in the last foregoing section, an adopted person shall be deemed to be related to any other person, being the child or the adopted child of the adopter or (in the case of a joint adoption) of either of the adopters,

(a)

where he or she was adopted by two spouses jointly and that other person is the child or adopted child of both of them, as a brother or sister of the whole blood;

(b)

in any other case, as a brother or sister of the half blood.

F1(1A)

Where, in relation to any purpose specified in section 23(1) of this Act, any right is conferred or any obligation is imposed, whether by operation of law or under any deed coming into operation after the commencement of the Children Act 1975, by reference to the relative seniority of the members of a class of persons, then, F2. . .

(a)

any member of that class who is an adopted person shall rank as if he had been born on the date of his adoption, and

(b)

if two or more members of the class are adopted persons whose dates of adoption are the same, they shall rank as between themselves in accordance with their respective times of birth.

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Where an adoption order is made in respect of a person who has been previously adopted, the previous adoption shall be disregarded for the purposes of the last foregoing section in relation to the devolution of any property on the death of any person dying after the date of the subsequent adoption order, and in relation to any deed executed after that date whereby property is conveyed or under which a succession arises.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Annotations

Textual amendments

F1: S. 24(1A) added by Children Act 1975 (c. 72, SIF 49:9, 10), s. 8(10), Sch. 2 para. 5(3)
F2: Words in s. 24(1A) repealed (30.6.2006) by The Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), art. 2
F3: S. 24(2) repealed (1.11.2016) by Succession (Scotland) Act 2016 (asp 7), s. 31(2), sch. para. 1(5)(b); S.S.I. 2016/210, reg. 2(1)(b) (with reg. 3(4)(5))
F4: S. 24(4) repealed by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 66, Sch. 4

Modifications

C1: S. 24 saved by Legitimation (Scotland) Act 1968 (c. 22), ss. 2(6), 6(2)