The Adoption Agencies (Scotland) Regulations 2009

Part 3 provides for the duties of adoption agencies in the assessment of prospective adopters (regulation 7) and their approval (regulation 8). Regulations 9, 10 and 11 provide a system for review of such approval.

Part 4 concerns the functions of adoption agencies when adoption is being considered for a child. Regulation 13 prescribes the time within which a decision must be made following a recommendation made by the adoption panel and the requirement to take account of the panel’s recommendation and to give reasons where the decision is contrary to that recommendation. Paragraphs (4) to (6) apply where the child is subject to a supervision requirement under the Children (Scotland) Act 1995.

Regulations 16 and 18 prescribe the information which must be provided and the steps which must be taken when a decision is made that adoption is in the child’s best interests and arrangements should be made for adoption (regulation 16) or an application for a permanence order with authority for the child to be adopted should be made (regulation 18). Where adoption is not the way forward for the child the adoption agency must take such steps as it considers to be appropriate and in the child’s best interests (regulation 15(1)). Where the adoption agency decides that a permanence order with authority for adoption should be sought it must, if it is a registered adoption service, refer the case to the local authority (regulation 15(2)).

Part 5 makes provision for consent certificates and, in particular, the consent requirements for the purposes of section 20(1)(b) of the Act (regulation 19) and the circumstances under which an adoption agency which is a local authority shall determine to proceed as though parental consent is not forthcoming (regulation 20).

Part 6 prescribes the circumstances where an application for a permanence order with authority for the child to be adopted must be made. Where that child is subject to a supervision requirement regulations 22 and 23 prescribe the circumstances under which a referral must be made to the Principal Reporter of the children’s hearing or notification of the adoption agency decision to make an application for a permanence order with authority for the child to be adopted.

Part 7 makes provision for the placing of a child for adoption when a decision has been made that a prospective adopter is suitable to be an adoptive parent and that person would be a suitable adoptive parent for a particular child. Regulation 26 creates a requirement for review of the child’s case where a permanence order with authority to adopt has been granted but the child has not been placed for adoption.

Part 8 makes provision concerning the information which an adoption agency must keep in relation to adoptions and the form and manner in which such information must be kept.

Footnotes

[^f00001]: 2007 asp 4.

[^f00002]: 1995 c. 36.

[^f00003]: 1980 c. 46.

[^f00004]: section 73(4) of the 1995 Act is amended by the 2007 Act, section 120(1), Schedule 2, paragraph 9.

[^f00005]: Section 73(13) is amended by section 120(1), Schedule 1, paragraph 9(7)(e) of the 2007 Act.

[^f00006]: 1978 c. 29. Section 2 was amended by the National Health Service and Community Care Act 1990 c. 19, sections 28 and 66(1) and Schedule 9, the National Health Service Reform (Scotland) Act 2004 asp 7, section 11, schedule 1 and the Smoking, Health and Social Care (Scotland) Act 2005 asp 13, section 42(1), schedule 2.

[^f00007]: 2004 asp 4.

[^f00008]: S.I. 1996/3266, amended by S.I. 2002/3135, S.S.I. 2003/242 and 2005/517.

[^f00009]: S.S.I. 2009/

[^f00010]: 1984 c. 56. Section 1 was amended (and repealed in part) by the Children Act 1989 c. 41, section 108 and Schedule 2. Section 12 was amended by the 1995 Act, Schedule 4.

[^f00011]: Section 7 was amended by the Children Act 1989, Schedule 4, the 1995 Act, Schedule 4 and the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 c. 40, Schedule 4, and is amended by the 2007 Act, schedule 4.

[^f00012]: 1989 c. 41. Section 68 was amended by the Criminal Justice Act 2003 c. 44, Schedules 32 and 37 and repealed, in part, by the Safeguarding Vulnerable Groups Act 2006 c. 47, Schedule 9.

[^f00013]: 1976 c. 36. Section 34 was repealed by the Children Act 1989 section 108 and Schedule 15.

[^f00014]: 1995 c. 46. Schedule 1 was amended by the Prohibition of Female Mutilation (Scotland) Act 2005 asp 8, section 7 and the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 asp 9, schedule 1.

[^f00015]: 1933 c. 12. Schedule 1 was amended by the Sexual Offences Act 2003 c. 33, Schedule 6 and by the Domestic Violence, Crime and Victims Act 2004 c. 28, Schedule 10.

[^f00016]: 2003 asp 5.

[^f00017]: Section 86 of the 1995 Act was amended by the Adoption and Children Act 2002 c. 38, Schedule 3.

[^f00018]: Section 31 was amended by the 1995 Act, Schedule 4, the Powers of Criminal Courts (Sentencing) Act 2000 c. 6, Schedule 9, the Criminal Justice and Court Services Act 2000 c. 43, Schedule 8 and the Adoption and Children Act 2002 sections 120 and 121(1).

[^f00019]: 2001 asp 8. Part 1 has been amended as follows: section 2 was amended by the Mental Health (Care and Treatment) (Scotland) Act 2003 asp 13, schedule 5; sections 2, 16 and 25 were amended by the Smoking, Health and Social Care (Scotland) Act 2005 asp 13, sections 29, 30 and 31 respectively; and sections 2, 21 and 25 are amended by the Adoption and Children (Scotland) Act 2007 asp 4, section 82, schedules 2 and 3.

[^f00020]: 2004 asp 4.