The Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010

Made: 26th January 2010

Coming into force in accordance with article 1

In accordance with section117(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1

This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Modification of Enactments) Order 2010 and shall come into force on the day after the day on which it is made.

Modifications of enactments

2

The Schedule to this Order, which makes modification of certain enactments, has effect.

SCHEDULE — MODIFICATION OF ENACTMENTS

Registration of Births, Deaths and Marriages (Scotland) Act 1965

1

In subsection(5) of section39E of the Registration of Births, Deaths and Marriages (Scotland) Act 1965[^f00002] (abbreviated extracts) for “section45(1) of the Adoption Act 1978 (c.28)” substitute “section53(1) of the Adoption and Children (Scotland) Act 2007 (asp 4)”.

Social Work (Scotland) Act 1968

2

In subsection (3A) of section 10 of the Social Work (Scotland) Act 1968[^f00003] (financial and other assistance to voluntary organisations etc. for social work) the word “support” is repealed.

Foster Children (Scotland) Act 1984

3

In subsection (1) of section7 of the Foster Children (Scotland) Act 1984[^f00004] (persons disqualified from keeping foster children)—

• (a) the word “or” immediately following paragraph (f) is repealed;

• (b) after paragraph (g) add—

; or (h) all his parental responsibilities and parental rights have been extinguished by a permanence order under section80 of the Adoption and Children (Scotland) Act2007 (asp 4)

Civil Evidence (Family Mediation) (Scotland) Act 1995

4

In sub-paragraph(iii) of section2(1)(d) of the Civil Evidence (Family Mediation) (Scotland) Act 1995[^f00005] (exceptions to general rule of inadmissibility) for “section29(1)” substitute “section28(1)”.

Children (Scotland) Act 1995

5

In paragraph(l) of subsection(2) of section52 of the Children (Scotland) Act 1995[^f00006] (children requiring compulsory measures of supervision) for the words from “,or”, where it first occurs, to “Act” substitute “of this Act or is the subject of a permanence order made under section80 of the Adoption and Children (Scotland) Act 2007 (asp4)”.

Regulation of Care (Scotland) Act 2001

6

• (1) The Regulation of Care (Scotland) Act 2001[^f00007] is amended as follows.

• (2) In section2 (care services) subsection(13) is repealed.

• (3) In paragraph(b) of subsection(6) of section25[^f00008] (inspections)—

• (a) after “(c.18)” insert “or section3, 8, 13 or 37 of the Adoption and Children (Scotland) Act 2007 (asp4)”; and

• (b) the words “or section8 or 37 of the Adoption and Children (Scotland) Act 2007 (asp4)” are repealed.

Local Electoral Administration and Registration Services (Scotland) Act 2006

7

In paragraph (k) of subsection(2) of section 58 of the Local Electoral Administration and Registration Services (Scotland) Act 2006[^f00009] (issuing of other material kept or held by the Registrar General), for the words from “or”, where it first occurs, to the end of the paragraph, substitute “maintained under section 53(1) of the Adoption and Children (Scotland) Act 2007 (asp4) or any register or book maintained in pursuance of section 55(1) of that Act”.

Adoption and Children (Scotland) Act 2007

8

• (1) The Adoption and Children (Scotland) Act 2007[^f00010] is amended as follows.

• (2) In section10 (provision of services) the word “adoption”, where it occurs in each of subsections(1) and (2)(a), is repealed.

• (3) In section26 (looked after children: adoption not proceeding) subsection(10) is repealed.

• (4) In subsection (2) of section76 (adoption societies which are not registered adoption services) for “that Act” substitute “the 2002 Act”.

• (5) In subsection(2) of section109 (proceedings to be in private)—

• (a) in paragraph(g) the word “and” is repealed; and

• (b) after paragraph(g) insert—

(ga) section98, and

Signed

ADAM INGRAM — Authorised to sign by the Scottish Ministers — 26th January 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes modifications to primary legislation. These modifications are consequential and supplemental to the Adoption and Children (Scotland) Act 2007 (asp4).

The modifications are set out in the Schedule to the Order, which Schedule has effect in accordance with article2 of the Order.

Footnotes

[^f00001]: 2007 asp 4.

[^f00002]: 1965 c.49; section 39E was inserted by section 44(5) of the Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp14).

[^f00003]: 1968 c.49; subsection (3A) of section 10 was inserted by the Children Act 1975 (c.72), Schedule 2, paragraph51(b) and was amended by the Regulation of Care (Scotland) Act 2001 (asp8), schedule3, paragraph4(2) and by the Adoption and Children (Scotland) Act 2007 (asp4), schedule2, paragraph2(4).

[^f00004]: 1984 c.56; section 7(1) was amended by the Children Act 1989 (c.41), Schedule 12, paragraph 43; the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 35(4)(a) and (b); the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 53(2); and the Regulation of Care (Scotland) Act 2001 (asp8), schedule4, paragraph1.

[^f00005]: 1995 c.6; section 2(1)(d) was amended by the Children (Scotland) Act 1995 (c.36), Schedule 4 paragraph59(a) and (b) and by the Adoption and Children (Scotland) Act 2007 (asp4), schedule 2, paragraph 8 and schedule3, paragraph1.

[^f00006]: 1995 c.36; section 52 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph97(a) and (b) and by the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), section 12(3).

[^f00007]: 2001 asp8.

[^f00008]: Section 25(6)(b) was amended by the Adoption and Children (Scotland) Act 2007 (asp 4), schedule 2, paragraph 11(3) and schedule3, paragraph1.

[^f00009]: 2006 asp14.

[^f00010]: 2007 asp4.