Act of Sederunt (Rules of the Court of Session Amendment No.7) (Adoption and Children (Scotland) Act 2007) 2009

• (3) In the Appendix, for Forms67.5-A to 67.25 substitute the forms set out in the Schedule to this Act of Sederunt.

Transitional and savings provisions

3

• (1) The provisions of Part II of Chapter 67 (freeing for adoption) as they applied immediately before 28th September 2009 shall continue to have effect—

• (a) for the purpose of any application for a freeing order under section18 of the Adoption (Scotland) Act 1978 made and not yet determined before that date; and

• (b) for the purpose of any application made under section20 of the Adoption (Scotland) Act 1978 made before 28th September 2010.

• (2) The provisions of Part III (adoption) of Chapter67 as they applied immediately before 28thSeptember 2009 shall continue to have effect for the purpose of any application—

• (a) an adoption order under section14 or 15 of the Adoption (Scotland) Act 1978 made and not yet determined before that date;

• (b) an order under section29 of that Act made in an application mentioned in paragraph(a);

• (c) an order under section49 of that Act made and not yet determined before that date.

• (3) The provisions of Part IV (convention adoption orders) of Chapter 67 and Part III as applied by Part IV as they applied immediately before 28th September 2009 shall continue to have effect for the purpose of any application for—

• (a) a Convention adoption order under section 17 of the 1978 Act made and not yet determined before that date; or

• (b) an order under section 47 of the 1978 Act made and not yet determined before that date.

• (4) The provisions of Part 1 (general provisions) of Chapter 67 shall continue to have effect as they did immediately before 28th September 2009 to the extent that they are required for the purposes of paragraphs (1) and (3).

SCHEDULE

Signed

A.C. HAMILTON — Lord President — I.P.D. — 24th July 2009

Explanatory note

(This note is not part of the Act of Sederunt)

EXPLANATORY NOTE

This Act of Sederunt substitutes a new Chapter 67 of the Rules of the Court of Session in consequence of the commencement of the Adoption and Children (Scotland) Act 2007 (“the 2007 Act”) (paragraph 2 and Schedule). The 2007 Act repeals the Adoption (Scotland) Act 1978.

Part 1 of the new Chapter 67 makes general provision applicable to all applications under the 2007 Act. Part 2 makes provision in relation to applications for adoption orders under section 29 and 30 and applications for orders vesting parental rights and responsibilities where a child is to be adopted abroad under section 59 of the 2007 Act. Part 3 makes provision for applications for Convention adoption orders by virtue of the Adoptions with a Foreign Element (Scotland) Regulations 2009. Part 4 makes provision in relation to applications for permanence orders under section 80 of the 2007 Act.

Paragraph 3 of the Act of Sederunt makes transitional and savings provision in respect of applications under the Adoption (Scotland) Act 1978 made and not yet determined before the commencement of the 1978 Act.

Footnotes

[^f00001]: 1988 c.36; section5 was amended by the Civil Evidence (Scotland) Act 1988 c.32, section2(3), the Children (Scotland) Act 1995 c.36, Schedule4, paragraph45 and the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section 14(1).

[^f00002]: 2007 asp 4.

[^f00003]: S.I.1994/1443,last amended by S.S.I. 2009/135.

[^f00004]: 1995 c.36.

[^f00005]: 2002 c.38.

[^f00006]: 2007 asp 4.

[^f00007]: S.S.I. 2009/182.

[^f00008]: S.I. 1987/203.

[^f00009]: 2006 c.52.

[^f00010]: S.S.I. 2009/154.

[^f00011]: 2003 asp 13.