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Scottish Statutory Instruments

2009 No. 182

CHILDREN AND YOUNG PERSONS

The Adoptions with a Foreign Element (Scotland) Regulations 2009

Made

14th May 2009

Laid before the Scottish Parliament

15th May 2009

Coming into force

28th September 2009

ARRANGEMENT OF REGULATIONS

Go to Preamble

  1. PART 1

    GENERAL

    1. 1. Citation and commencement

    2. 2. Interpretation

  2. PART 2

    BRINGING CHILDREN INTO, AND TAKING CHILDREN OUT OF, THE UNITED KINGDOM

    1. CHAPTER 1

      BRINGING CHILDREN INTO THE UNITED KINGDOM

      1. 3. Requirements applicable in respect of bringing, or causing another to bring, a child into the United Kingdom

      2. 4. Conditions applicable in respect of a child brought into the United Kingdom

      3. 5. Functions imposed on the local authority

      4. 6. Application of Chapter 2 of Part 1 of the Act

    2. CHAPTER 2

      TAKING CHILDREN OUT OF THE UNITED KINGDOM

      1. 7. Orders under section 59 of the Act: requirements

      2. 8. Matters to be submitted to the court under regulation 7

      3. 9. Application of the Act in respect of orders under section 59

  3. PART 3

    ADOPTIONS UNDER THE CONVENTION

    1. CHAPTER 1

      PROCEDURE IN SCOTLAND WHERE THE UNITED KINGDOM IS THE RECEIVING STATE

      1. 10. Application of Chapter 1

      2. 11. Application: eligibility, and suitability, to adopt

      3. 12. Determination of eligibility to adopt

      4. 13. Provision of information

      5. 14. Case records and counselling

      6. 15. Criminal record checks

      7. 16. Duties of adoption agency prior to decision on suitability

      8. 17. Functions of the adoption panel

      9. 18. Adoption agency decision, notification and request for review

      10. 19. Review without request

      11. 20. Procedure following decision that prospective adopters are suitable to adopt

      12. 21. Procedure following receipt of Article 16 Information

      13. 22. Procedure where proposed adoption not to proceed

      14. 23. Child’s entry into the United Kingdom

      15. 24. Notifications to be given prior to child’s entry into the United Kingdom

      16. 25. Child’s entry into the United Kingdom where no Convention adoption made: applicable provisions

      17. 26. Duty of prospective adopters to notify local authority

      18. 27. Functions of the local authority following child’s entry into the United Kingdom

      19. 28. Duty of prospective adopters

      20. 29. Prospective adopters not wishing to proceed with adoption

      21. 30. Withdrawal of child from prospective adopters

      22. 31. Breakdown of placement

      23. 32. Convention adoptions subject to a probationary period

      24. 33. Report of local authority investigation

      25. 34. Convention adoption order

      26. 35. Requirements following a Convention adoption order or a Convention adoption

      27. 36. Convention adoption order: refusal or withdrawal

      28. 37. Annulment of Convention adoption order or Convention adoption

    2. CHAPTER 2

      PROCEDURE IN SCOTLAND WHERE THE UNITED KINGDOM IS THE STATE OF ORIGIN

      1. 38. Application of Chapter 2

      2. 39. Counselling and information for the child

      3. 40. Counselling and information for parent or guardian and counselling for others

      4. 41. Information for inclusion in report and for adoption panel

      5. 42. Function of the adoption panel in assessing the child

      6. 43. Decision and notification

      7. 44. Convention list

      8. 45. Receipt of Article 15 Report

      9. 46. Proposed placement: functions of adoption panel and adoption agency

      10. 47. Adoption agency’s decision: notification and return of documents

      11. 48. Preparation of the Article 16 Report

      12. 49. Requirements to be met before child placed with Convention prospective adopter

      13. 50. Requirements for order under section 59 of the Act prior to proposed Convention adoption

      14. 51. Convention adoption order

      15. 52. Requirements following a Convention adoption order or a Convention adoption

    3. CHAPTER 3

      MISCELLANEOUS PROVISIONS

      1. 53. Application of the Act to, and making of, Convention adoption orders

      2. 54. Notification to local authority of adoption application

      3. 55. Prohibition on removal where Convention adoption order pending

      4. 56. Removal of children

      5. 57. Return or delivery of child

      6. 58. Age of person in respect of whom Convention adoption order may be made

      7. 59. Application for Convention adoption order by relevant couple

      8. 60. Application for Convention adoption order by one person

      9. 61. Convention adoption orders: consent

      10. 62. Application and modification of the Adoption Agencies Regulations

      11. 63. Offences

  4. PART 4

    REVOCATION

    1. 64. Revocation

    1. SCHEDULE 1

      SPECIFIED OFFENCES

    2. SCHEDULE 2

      CERTIFICATE OF ELIGIBILITY AND APPROVAL

    3. SCHEDULE 3

      CERTIFICATE THAT AN ADOPTION HAS BEEN MADE IN ACCORDANCE WITH THE CONVENTION

Go to Explanatory Note

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 1999(1) and sections 8, 58(5), (6), (7) and (10), 59(3) and (6) and 61(1) of the Adoption and Children (Scotland) Act 2007(2) and all other powers enabling them to do so.

(1)

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). Back [1]

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