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Adoption and Children (Scotland) Act 2007

Type Act of the Scottish Parliament

Publication 2007-01-15

Last updated 2025-06-22

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5) The Scottish Ministers may by regulations provide for subsections (1) to (3) to apply with modifications, or not to apply, if—

(a) the prospective adopters are—

(i) parents,

(ii) relatives, or

(iii) guardians,

of the child (or one of them is), or

(b) the prospective adopter is a step-parent of the child,

and any conditions prescribed by the regulations are met.

(6) On the occasion of the first exercise of the power to make regulations under subsection (5)—

(a) the regulations must not be made unless a draft of the regulations has been approved by a resolution of the Scottish Parliament, and

(b) accordingly section 117(4) does not apply to the statutory instrument containing the regulations.

(7) In any proceedings under this section—

(a) a report by a British consular officer or a deposition made before, and authenticated under the signature of, such an officer is (if proved that the officer or deponent cannot be found in the United Kingdom) sufficient evidence of the matters stated in the report or deposition, and

(b) it is not necessary to prove the signature or official character of the person who bears to have signed the report or deposition.

(8) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.

(9) In subsections (1) and (2), “protected child” means a child who is—

(a) habitually resident in the United Kingdom, or

(b) a Commonwealth citizen.

Regulations under section 58: offences

61

(1) If a person brings, or causes another to bring, a child into the United Kingdom at any time in circumstances where section 58 applies, the person commits an offence—

(a) if the person has not complied with any requirement imposed by virtue of subsection (5) of that section, or

(b) if the person has not met any condition which the person is required to meet by virtue of subsection (6) of that section,

before that time, or before any later time which may be prescribed by regulations made by the Scottish Ministers.

(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both,

(b) on conviction on indictment to imprisonment for a term not exceeding 12 months, or a fine or both.

Adoptions from abroad: special restrictions

Declaration of special restrictions on adoptions from abroad

62

(1) This section applies if the Scottish Ministers have reason to believe that, because of practices taking place in a country or territory outwith the British Islands (the “relevant country”) in connection with the adoption of children, it would be contrary to public policy to further the bringing of children into the United Kingdom in the cases mentioned in subsection (2).

(2) Those cases are—

(a) that a British resident wishes to bring, or cause another to bring, a child who is not a British resident into the United Kingdom for the purpose of adoption by the British resident and, in connection with the proposed adoption, there have been, or would have to be, proceedings in the relevant country or dealings with authorities or agencies there, or

(b) that a British resident wishes to bring, or cause another to bring, into the United Kingdom a child adopted by the British resident under an adoption effected, within the period of 12 months ending with the date of the bringing in, under the law of the relevant country.

(3) The Scottish Ministers may by order declare, in relation to any relevant country, that special restrictions are to apply for the time being in relation to the bringing in of children in the cases mentioned in subsection (2).

(4) The Scottish Ministers must, as respects each relevant country in relation to which such a declaration has effect for the time being (a “restricted country”), publish reasons for making the declaration in relation to the country.

(5) The Scottish Ministers must publish a list of restricted countries (“the restricted list”) and keep the list up to date.

(6) The reasons and the restricted list are to be published in whatever way the Scottish Ministers think appropriate for bringing them to the attention of adoption agencies and members of the public.

(7) In this section, “British resident” means a person habitually resident in the British Islands.

(8) Any reference in this section to adoption by a British resident includes adoption by a British resident and another person.

Review

63

(1) The Scottish Ministers must keep under review, in relation to each restricted country, whether it should continue to be a restricted country.

(2) If the Scottish Ministers determine, in relation to a restricted country, that there is no longer a reason to believe what is mentioned in subsection (1) of section 62, they must by order revoke the order containing the declaration made in relation to it under subsection (3) of that section.

(3) In this section, “restricted country” has the same meaning as in section 62.

The special restrictions

64

(1) The special restrictions mentioned in subsection (3) of section 62 are that the Scottish Ministers are not to take any step which they might otherwise have taken in connection with furthering the bringing of a child into the United Kingdom in the cases mentioned in subsection (2) of that section (whether or not that step is provided for by virtue of any enactment).

(2) Nothing in subsection (1) prevents the Scottish Ministers from taking those steps if, in any particular case, the prospective adopters or, as the case may be, the adopters satisfy the Scottish Ministers that they should take those steps despite the special restrictions.

(3) The Scottish Ministers may make regulations providing for—

(a) the procedure to be followed by them in determining whether or not they are satisfied as mentioned in subsection (2),

(b) matters which they are to take into account when making such a determination (whether or not they also take other matters into account).

Imposition of extra conditions in certain cases

65

(1) The Scottish Ministers may make regulations providing—

(a) for them to specify in the restricted list, in relation to any restricted country, a step which is not otherwise provided for by virtue of any enactment but which, by virtue of the arrangements between the United Kingdom and that country, the Scottish Ministers normally take in connection with the bringing in of a child where that country is concerned, and

(b) that, if such a step has been so specified in relation to a restricted country, one or more conditions specified in the regulations are to be met in respect of a child brought into the United Kingdom in either of the cases mentioned in section 62(2) (reading the reference there to the “relevant country” as being to the restricted country in question).

(2) Those conditions are in addition to any provided for by virtue of—

(a) section 58, or

(b) any other enactment.

(3) A person who brings, or causes another to bring, a child into the United Kingdom commits an offence if the person has not met any condition which the person is required to meet by virtue of subsection (1)(b).

(4) Subsection (3) does not apply if the step specified in the restricted list in relation to any country had already been taken before the publication of the restricted list.

(5) A person who commits an offence under subsection (3) is liable—

(a) on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both,

(b) on conviction on indictment to imprisonment for a term not exceeding 12 months or a fine or both.

(6) In this section, “restricted country” and “restricted list” have the same meanings as in section 62.

Charging

Power to charge

66

(1) This section applies to adoptions to which—

(a) section 58 applies, or

(b) regulations made under section 1 of the Adoption (Intercountry Aspects) Act 1999 (c. 18) apply.

(2) The Scottish Ministers may charge a fee to adopters for services provided or to be provided by them in relation to adoptions to which this section applies.

(3) The Scottish Ministers may determine the level of fee as they see fit and may, in particular—

(a) charge a flat fee or charge different fees in different cases or descriptions of case,

(b) in any case or description of case, waive a fee.

(4) The Scottish Ministers must secure that, taking one financial year with another, the income from fees under this section does not exceed the total cost to them of providing the services in relation to which the fees are imposed.

(5) In this section, “financial year” means a period of 12 months ending with 31 March.

(6) Any references in this section—

(a) to adoptions include prospective adoptions, and

(b) to adopters include prospective adopters.

Overseas adoptions etc.

Meaning of “overseas adoption”

67

(1) In this Act, “overseas adoption”—

(a) means an adoption of a description specified in regulations made by the Scottish Ministers (being a description of adoptions effected under the law of any country or territory outwith the British Islands), but

(b) does not include a Convention adoption.

(2) The Scottish Ministers may by regulations prescribe the requirements that ought to be met by an adoption of any description effected after the coming into force of the regulations for it to be an overseas adoption for the purposes of this Act.

(3) At any time when regulations under subsection (2) are in force, the Scottish Ministers must exercise their power under subsection (1) so as to secure that adoptions of any description effected after the coming into force of the regulations are not overseas adoptions for the purposes of this Act if they consider that such adoptions are not likely, within a reasonable time, to meet the requirements prescribed under subsection (2).

(4) Regulations under subsection (1) may contain provision as to the manner in which evidence of any overseas adoption may be given.

(5) In this section, “adoption” means the adoption of a child or of a person who was a child at the time the adoption was applied for.

Annulment and recognition

68

(1) The Court of Session may, on an application under this subsection, by order annul a Convention adoption or a Convention adoption order on the ground that the adoption or, as the case may be, order is contrary to public policy.

(2) The Court of Session may, on an application under this subsection—

(a) order that an overseas adoption or a determination is to cease to be valid in Great Britain on the ground that the adoption or, as the case may be, determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case,

(b) decide the extent, if any, to which a determination has been affected by a subsequent determination.

(3) The Court of Session may, in any proceedings in that court, decide that an overseas adoption or a determination is, for the purposes of those proceedings, to be treated as invalid in Great Britain on either of the grounds mentioned in subsection (2)(a).

(4) An order or decision of the High Court on an application under section 89(2) of the 2002 Act is to be recognised and to have effect as if it were an order or decision of the Court of Session on an application under subsection (2).

(5) Except as provided by this section, the validity of a Convention adoption, a Convention adoption order, an overseas adoption or a determination is not to be questioned in proceedings in any court in Scotland.

(6) In this section “determination” means such a determination as is mentioned in section 70.

Section 68: supplementary provision

69

(1) Any application for—

(a) an order under section 68, or

(b) a decision under subsection (2)(b) of that section,

is to be made in the manner prescribed in regulations made by the Scottish Ministers and within such period as may be so prescribed.

(2) No application is to be made under section 68(1) in respect of an adoption unless immediately before the application is made—

(a) the person adopted was habitually resident in Scotland, or

(b) the persons on whose application the adoption order was made were habitually resident there.

(3) In deciding in pursuance of section 68 whether such an authority as is mentioned in section 70 was competent to hear a particular case, a court is to be bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to hear the case.

Effect of determinations and orders made outwith Scotland

70

(1) Subsection (2) applies where—

(a) an authority of a Convention country (other than the United Kingdom) having power under the law of that country—

(i) to authorise, or review the authorisation of, a Convention adoption, or

(ii) to give or review a decision revoking or annulling such an adoption or a Convention adoption order, or

(b) an authority of a relevant territory having power under the law of that territory—

(i) to authorise, or review the authorisation of, a Convention adoption or an adoption effected in that territory, or

(ii) to give or review a decision revoking or annulling such an adoption or a Convention adoption order,

makes a determination (“the relevant determination”) in the exercise of that power.

(2) Subject to section 68 and any subsequent determination having effect under this subsection, the relevant determination has effect in Scotland for the purpose of effecting, confirming or terminating the adoption in question or confirming its termination as the case may be.

(3) In subsection (1), “relevant territory” means—

(a) any of the Channel Islands,

(b) the Isle of Man, or

(4) Section 35 applies in relation to an order under Article 17 (freeing child for adoption with parental agreement) or 18 (freeing child for adoption without parental agreement) of the Northern Ireland Order as if it were an adoption order.

(5) Sections 35(2) and (3) and 43 apply in relation to a child who is the subject of an order which—

(a) is similar to an order under section 59, and

(b) is made (whether before or after this Act has effect) in a part of the British Islands,

as those sections apply in relation to a child who is the subject of an adoption order.

Chapter 7 — Miscellaneous

Adoption allowances

Adoption allowances schemes

71

(1) Subject to subsection (3), an adoption agency which is—

(a) a local authority must, within such period after the coming into force of this section as the Scottish Ministers may by order direct, prepare an adoption allowances scheme,

(b) a registered adoption service may prepare such a scheme.

(2) An adoption allowances scheme is a scheme for or in connection with the payment by the agency of allowances to any person who has adopted, or intends to adopt, a child in any case where arrangements for the adoption were made or, as the case may be, are to be made by the agency.

(3) The Scottish Ministers may by regulations make provision for or in connection with adoption allowances schemes.

(4) Regulations under subsection (3) may in particular make provision for or in connection with specifying—

(a) the procedure to be followed by an agency in determining whether a person should be paid an allowance,

(b) the circumstances in which an allowance may be paid,

(d) the procedure for review, variation and termination of allowances,

(e) the information about allowances which is to be supplied by an agency to a person who intends to adopt a child, and

(f) the procedure to be followed by an agency in preparing, modifying or revoking an adoption allowances scheme.

Prohibited payments

Prohibition of certain payments

72

(1) This section applies to any payment (other than an excepted payment) which is made to any person for or in consideration of—

(a) the adoption by that person of a child,

(b) the giving by that person of any consent required in connection with the adoption of a child,

(d) the making by that person of any arrangements for the adoption of a child.

(2) Any person who—

(a) makes any payment to which this section applies,

(b) agrees or offers to make any such payment,

(d) attempts to obtain any such payment,

commits an offence.

(3) A person who commits an offence under subsection (2) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.

(4) Where a person is convicted of an offence under subsection (2), the court may, without prejudice to any power which it has to make any other order in relation to the child as respects whom the offence was committed, order the child to be removed to a place of safety until—

(a) the child can be returned to the child's parent or guardian, or

(b) other arrangements can be made for the child.

(5) In this section—

“payment” includes reward,

“place of safety” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1).

Excepted payments

73

(1) A payment is an excepted payment if it is made by virtue of, or in accordance with, provision made by virtue of this Act, the 2002 Act or the Northern Ireland Order.

(2) A payment is an excepted payment if—

(a) it is made to an adoption agency by—

(i) a parent or guardian of the child, or

(ii) a person who adopts, or proposes to adopt, a child,

in respect of expenses reasonably incurred by the agency in connection with the adoption, or proposed adoption, of the child,

(b) it is made in respect of any legal or medical expenses incurred or to be incurred by any person in connection with an application which the person has made, or proposes to make, for an adoption order or an order under section 59,

(d) it is made by an adoption agency to another adoption agency in consideration of placing the child for adoption,

(e) it is made by an adoption agency to a voluntary organisation for the time being approved for the purposes of this paragraph by the Scottish Ministers as a fee for the services of the organisation in putting the agency in touch with another adoption agency with a view to the making of arrangements between the adoption agencies for the adoption of a child.

(3) In this section, “payment” includes reward.

Disclosure of medical information about parents

74

(1) The Scottish Ministers may by regulations make provision for or in connection with disclosure of information about the health of the natural parents of a child who is to be, may be or has been adopted (“the relevant child”).

(2) In making regulations under subsection (1), the Scottish Ministers must secure that a person to whom information is disclosed by virtue of the regulations has a duty of confidentiality in relation to the information.

(3) Notwithstanding subsection (2), regulations under subsection (1) may include provision enabling a person to whom information is disclosed by virtue of the regulations, in such circumstances and to such an extent as may be specified in the regulations, to disclose the information to—

(a) the relevant child,

(b) persons who are to or may adopt, or have adopted, the relevant child.

(4) Regulations under subsection (1) may, in particular, include provision for or in connection with specifying—

(a) the descriptions of person by whom, and to whom, information may be disclosed,

(b) the circumstances in which information may be disclosed,

(d) the circumstances in which consent to disclosure of information need not be obtained,

(e) the processing of information by a person to whom information is disclosed.

(5) In subsection (4)(e), “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act).

Restrictions on arranging adoptions and placing for adoption

Restriction on arranging adoptions and placing children

75

(1) Subject to subsection (2), a person other than an adoption agency who—

(a) makes arrangements for the adoption of a child, or

(b) places a child for adoption,

commits an offence.

(2) Subsection (1) does not apply if the person proposing to adopt the child or, as the case may be, the person with whom the child is placed is—

(a) a parent of the child,

(b) any other relative of the child, or

(3) A person who receives a child placed in contravention of subsection (1) knowing that the placement is with a view to the person's adopting the child commits an offence.

(4) A person who takes part in the management or control of a body of persons—

(a) which exists wholly or partly for the purpose of making arrangements for the adoption of children, and

(b) which is not an adoption agency,

commits an offence.

(5) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.

(6) In any proceedings for an offence under subsection (4), proof of—

(a) things done, or

(b) words written, spoken or published,

by any person taking part in the management or control of the body of persons, or in making arrangements for the adoption of children on behalf of the body, is sufficient evidence of the purpose for which that body exists.

(7) It is immaterial whether the actions mentioned in paragraphs (a) and (b) of subsection (6) are carried out in the presence of a party to the proceedings.

Adoption societies which are not registered adoption services

76

(1) Subsection (2) applies where—

(a) an adoption society is—

(i) a registered adoption society, or

(ii) registered as respects Northern Ireland under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431), and

(b) the society is not a registered adoption service.

(2) Except to the extent that the society considers it necessary to do so in the interests of a person mentioned in section 3(1) of the 2002 Act or, as the case may be, Article 3 of the Northern Ireland Order, it must not act as an adoption society in Scotland.

Effect of orders, and placing for adoption, under 2002 Act

Effect of certain orders made in England and Wales

77

(1) An adoption order (within the meaning of section 46(1) of the 2002 Act) has effect in Scotland as it has in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.

(2) An order made under section 21 of that Act (placement orders), and the variation or revocation of such an order under section 23 or 24 of that Act, have effect in Scotland as they have in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.

Effect of placing for adoption etc. under 2002 Act

78

(1) If—

(a) a child is placed for adoption under section 19 of the 2002 Act (placing children with parental consent), or

(b) an adoption agency is authorised to place a child for adoption under that section,

sections 25 (parental responsibility) and 28(2) to (4) (further consequences of placement) of that Act have effect in Scotland as they have in England and Wales but with the modifications specified in subsection (2).

(2) Those modifications are—

(a) in section 25, any reference to the parental responsibility for the child is to be read as a reference to the parental responsibilities and parental rights in relation to the child, and

(b) in section 28(2), the reference to the court is to be read as a reference to the appropriate court.

Further consequences of placement and placement orders

79

(1) Subsection (2) applies where—

(a) a child is placed for adoption under section 19 of the 2002 Act (placing children with parental consent), or

(b) an adoption agency is authorised to place a child for adoption under that section.

(2) No order under subsection (1) of section 11 of the 1995 Act (court orders relating to parental responsibilities etc.) of a kind mentioned in subsection (2)(c) (residence orders) of that section may be made in respect of the child.

(3) On the making of an order under section 21 of the 2002 Act (a “placement order”) in respect of a child, any order under subsection (1) of section 11 of the 1995 Act of a kind mentioned in subsection (2)(c) to (f) (residence orders, contact orders, specific issue orders and interdicts in relation to parental responsibilities) of that section in respect of the child ceases to have effect.

(4) Where a placement order is in force—

(a) no such order as is mentioned in subsection (3) of this section, and

(b) no order under section 36 of the Children’s Hearings (Scotland) Act 2011 (asp 1) (child assessment orders),

may be made in respect of the child.

Part 2 — Permanence orders

The making of permanence orders

Permanence orders

80

(1) The appropriate court may, on the application of a local authority, make a permanence order in respect of a child.

(2) A permanence order is an order consisting of—

(a) the mandatory provision,

(b) such of the ancillary provisions as the court thinks fit, and

(3) In making a permanence order in respect of a child, the appropriate court must secure that each parental responsibility and parental right in respect of the child vests in a person.

Permanence orders: mandatory provision

81

(1) The mandatory provision is provision vesting in the local authority for the appropriate period—

(a) the responsibility mentioned in section 1(1)(b)(ii) of the 1995 Act (provision of guidance appropriate to child's stage of development) in relation to the child, and

(b) the right mentioned in section 2(1)(a) of that Act (regulation of child's residence) in relation to the child.

(2) In subsection (1) “the appropriate period” means—

(a) in the case of the responsibility referred to in subsection (1)(a), the period beginning with the making of the permanence order and ending with the day on which the child reaches the age of 18,

(b) in the case of the right referred to in subsection (1)(b), the period beginning with the making of the permanence order and ending with the day on which the child reaches the age of 16.

Permanence orders: ancillary provisions

82

(1) The ancillary provisions are provisions—

(a) vesting in the local authority for the appropriate period—

(i) such of the parental responsibilities mentioned in section 1(1)(a), (b)(i) and (d) of the 1995 Act, and

(ii) such of the parental rights mentioned in section 2(1)(b) and (d) of that Act,

in relation to the child as the court considers appropriate,

(b) vesting in a person other than the local authority for the appropriate period—

(i) such of the parental responsibilities mentioned in section 1(1) of that Act, and

(ii) such of the parental rights mentioned in section 2(1)(b) to (d) of that Act,

in relation to the child as the court considers appropriate,

(c) extinguishing any parental responsibilities which, immediately before the making of the order, vested in a parent or guardian of the child, and which—

(i) by virtue of section 81(1)(a) or paragraph (a)(i), vest in the local authority, or

(ii) by virtue of paragraph (b)(i), vest in a person other than the authority,

(d) extinguishing any parental rights in relation to the child which, immediately before the making of the order, vested in a parent or guardian of the child, and which—

(i) by virtue of paragraph (a)(ii), vest in the local authority, or

(ii) by virtue of paragraph (b)(ii), vest in a person other than the authority,

(e) specifying such arrangements for contact between the child and any other person as the court considers appropriate and to be in the best interests of the child, and

(f) determining any question which has arisen in connection with—

(i) any parental responsibilities or parental rights in relation to the child, or

(ii) any other aspect of the welfare of the child.

(2) In subsection (1), “the appropriate period” means—

(a) in the case of the responsibility mentioned in section 1(1)(b)(ii) of the 1995 Act, the period beginning with the making of the permanence order and ending with the day on which the child reaches the age of 18,

(b) in any other case, the period beginning with the making of the permanence order and ending with the day on which the child reaches the age of 16.

Order granting authority for adoption: conditions

83

(1) The conditions referred to in section 80(2)(c) are—

(a) that the local authority has, in the application for the permanence order, requested that the order include provision granting authority for the child to be adopted,

(b) that the court is satisfied that the child has been, or is likely to be, placed for adoption,

(i) that the parent or guardian understands what the effect of making an adoption order would be and consents to the making of such an order in relation to the child, or

(ii) that the parent's or guardian's consent to the making of such an order should be dispensed with on one of the grounds mentioned in subsection (2),

(d) that the court considers that it would be better for the child if it were to grant authority for the child to be adopted than if it were not to grant such authority.

(2) Those grounds are—

(a) that the parent or guardian is dead,

(b) that the parent or guardian cannot be found or is incapable of giving consent,

(d) that, where neither of those subsections applies, the welfare of the child otherwise requires the consent to be dispensed with.

(3) This subsection applies if the parent or guardian—

(a) has parental responsibilities or parental rights in relation to the child other than those mentioned in sections 1(1)(c) and 2(1)(c) of the 1995 Act,

(b) is, in the opinion of the court, unable satisfactorily to—

(i) discharge those responsibilities, or

(ii) exercise those rights, and

(4) This subsection applies if—

(a) the parent or guardian has, by virtue of the making of a permanence order which does not include provision granting authority for the child to be adopted, no parental responsibilities or parental rights in relation to the child, and

(b) it is unlikely that such responsibilities will be imposed on, or such rights given to, the parent or guardian.

(5) In subsections (1)(c) and (2), “parent”, in relation to the child in respect of whom the permanence order is to be made, means—

(a) a parent who has any parental responsibilities or parental rights in relation to the child, or

(b) a parent who, by virtue of a permanence order which does not include provision granting authority for the child to be adopted, has no such responsibilities or rights.

Conditions and considerations applicable to making of order

84

(1) Except where subsection (2) applies, a permanence order may not be made in respect of a child who is aged 12 or over unless the child consents.

(2) This subsection applies where the court is satisfied that the child is incapable of consenting to the order.

(3) The court may not make a permanence order in respect of a child unless it considers that it would be better for the child that the order be made than that it should not be made.

(4) In considering whether to make a permanence order and, if so, what provision the order should make, the court is to regard the need to safeguard and promote the welfare of the child throughout childhood as the paramount consideration.

(5) Before making a permanence order, the court must—

(a) after taking account of the child's age and maturity, so far as is reasonably practicable—

(i) give the child the opportunity to indicate whether the child wishes to express any views, and

(ii) if the child does so wish, give the child the opportunity to express them,

(b) have regard to—

(i) any such views the child may express,

(ii) the child's religious persuasion, racial origin and cultural and linguistic background, and

(iii) the likely effect on the child of the making of the order, and

(i) there is no person who has the right mentioned in subsection (1)(a) of section 2 of the 1995 Act to have the child living with the person or otherwise to regulate the child's residence, or

(ii) where there is such a person, the child's residence with the person is, or is likely to be, seriously detrimental to the welfare of the child.

(6) A child who is aged 12 or over is presumed to be of sufficient age and maturity to form a view for the purposes of subsection (5)(a).

Child in respect of whom order may be made

85

(1) A permanence order may be made in respect of a child who is an adopted child.

(2) A permanence order may not be made in respect of a child who is or has been—

(a) married,

(b) a civil partner.

Representations

86

(1) In any proceedings relating to an application for a permanence order, the appropriate court must permit any person mentioned in subsection (2) who wishes to make representations to the court to do so.

(2) Those persons are—

(a) the local authority making the application,

(b) the child or the child's representative,

(d) any other person who claims an interest.

Effect of order

Effect of order on existing parental right

87

The making of a permanence order extinguishes the parental right mentioned in subsection (1)(a) of section 2 of the 1995 Act of—

(a) a parent of the child in respect of whom the order is made,

(b) a guardian of such a child,

which, immediately before the making of the order, vested in the parent or, as the case may be, guardian.

Effect of order on existing orders

88

(1) This section applies where—

(a) parental responsibilities or parental rights in relation to a child vest in a person by virtue of—

(i) a permanence order, or

(ii) an order under section 11 of the 1995 Act (court orders relating to parental responsibilities etc.),

(“the existing order”), and

(b) the appropriate court intends to make a permanence order (“the new order”) as respects the child.

(2) On the making of the new order, the existing order is revoked.

(3) In making the new order, the court must secure that the parental responsibilities or parental rights vesting by virtue of the existing order vest in a person under the new order.

Revocation of supervision requirement

89

(1) Subsection (2) applies where—

(a) the child in respect of whom a permanence order is to be made is subject to a compulsory supervision order, and

(b) the appropriate court is satisfied that, were it to make a permanence order in respect of the child, it would no longer be necessary that, for the protection, guidance, treatment or control of the child, the child be subject to the compulsory supervision order.

(2) The court must make an order providing that, on the making of the permanence order, the compulsory supervision order ceases to have effect.

Precedence

Precedence of court orders and supervision requirements over order

90

(1) Subsection (2) applies where a local authority has, by virtue of a permanence order, parental responsibilities or parental rights in relation to a child.

(2) The local authority must not act in any way which would be incompatible with—

(a) any other court order of which the authority is aware relating to the child or the child's property,

(b) any compulsory supervision order or interim compulsory supervision order to which the child is subject.

Exercise of parental right under order

91

(1) Subsection (2) applies where—

(a) two or more persons have a parental right in relation to a child, and

(b) by virtue of paragraph (a) or (b) of subsection (1) of section 82, the right vests in one of them or, as the case may be, two or more of them.

(2) Each of the persons mentioned in subsection (1)(a) may exercise the right without the consent of the other or, as the case may be, any of the others.

(3) Subsection (2) does not apply where an order vesting the right, or regulating its exercise, provides otherwise.

Variation

Variation of ancillary provisions in order

92

(1) This section applies where a permanence order which includes ancillary provisions is in force.

(2) The appropriate court may, on an application by a person mentioned in subsection (3), vary such of the ancillary provisions as the court considers appropriate.

(3) Those persons are—

(a) the local authority on whose application the permanence order was made,

(b) if the child in respect of whom the order was made is—

(i) aged 12 or over, or

(ii) under the age of 12 but, in the court's opinion (taking account of the child's age and maturity), capable of understanding the effect of the order,

that child,

(d) any person in whom were vested, immediately before the making of the order, any parental responsibilities or parental rights which, by virtue of the making of the order, vest in another person,

(e) any person in whom were vested, immediately before a variation by virtue of this section of the order, parental responsibilities or parental rights which, by virtue of the variation, vest in another person,

(f) any other person who claims an interest.

(4) Subsection (5) applies where the court exercises its power under subsection (2) to vary the ancillary provisions so as to vest, by virtue of paragraph (a) or (b) of subsection (1) of section 82, in a person a parental responsibility or a parental right which, immediately before the variation, vested in another person.

(5) The court may include in the order as varied provision extinguishing the responsibility or right of that other person.

(6) Subsections (4), (5)(a) and (b) and (6) of section 84 apply to the variation of a permanence order under this section as they apply to the making of such an order.

(7) In subsections (1) and (2), “ancillary provisions” has the same meaning as in section 82.

(8) In this section, “vary” includes add to, omit, or amend; and “variation” is to be construed accordingly.

Amendment of order to grant authority for child to be adopted

93

(1) This section applies where—

(a) a permanence order in respect of a child is in force, and

(b) the order does not include provision granting authority for the child to be adopted.

(2) On the application of the local authority on whose application the order was made, the appropriate court may amend the order so as to include provision granting authority for the child to be adopted if (and only if)—

(a) the court is satisfied that the child has been placed for adoption, or is likely to be placed for adoption,

(b) the court is satisfied that the condition in subsection (3) or subsection (4) is met, and

(c) the court considers that it would be better for the child that authority for the child to be adopted is granted than that it should not be granted.

(3) The condition is that each parent or guardian of the child understands what the effect of making an adoption order would be and consents to the making of such an order in relation to the child.

(4) The condition is that the consent of each parent or guardian should be dispensed with on any of the grounds mentioned in section 83.

(5) Subsections (4), (5)(a) and (b) and (6) of section 84 apply to the amendment of a permanence order under this section as they apply to the making of such an order.

(6) In subsections (3) and (4)—

“guardian”, in relation to a child in respect of whom a permanence order to which this section applies is in force, means a guardian—who has any parental responsibilities or parental rights in relation to the child, orwho, by virtue of the making of a previous such order, no longer has any such responsibilities or rights,

“parent”, in relation to a child in respect of whom a permanence order to which this section applies is in force, means a parent—who has any parental responsibilities or parental rights in relation to the child, orwho, by virtue of the making of a previous such order, no longer has any such responsibilities or rights.

Proceedings

94

(1) In any proceedings for variation of a permanence order by the local authority on whose application the order was granted, the appropriate court must permit any person who is affected by the order, and who wishes to make representations to the court, to do so.

(2) In any proceedings for variation of a permanence order by a person other than the local authority on whose application the order was granted, the appropriate court must permit any person mentioned in subsection (3) who wishes to make representations to the court to do so.

(3) Those persons are—

(a) the local authority on whose application the permanence order was made,

(b) if the child in respect of whom the original order was made is—

(i) aged 12 or over, or

(ii) under the age of 12 but, in the court's opinion (taking account of the child's age and maturity), is capable of understanding the effect of the order,

that child,

(d) any person on whom a duty was imposed, or power conferred, by the order,

(e) any person in whom were vested, immediately before the making of the order, any parental responsibilities or parental rights which, by virtue of the making of the order, vest in another person,

(f) any person in whom were vested, immediately before a variation by virtue of section 92 of the order, parental responsibilities or parental rights which, by virtue of the variation, vest in another person, and

(g) any other person who claims an interest.

(4) A person other than the local authority on whose application a permanence order was granted may not apply to the court for a variation of the order without first obtaining the leave of the court.

(5) If the court is satisfied—

(a) that there has been a material change in the circumstances directly relating to any of the order's provisions, or

(b) that for any other reason it is proper to allow the application to be made,

it must grant that leave.

(6) In determining whether there has been a material change in circumstances, the court must have regard, in particular, to any aspect of—

(a) the welfare of the child in respect of whom the permanence order was made, and

(b) the circumstances of—

(i) a parent, or the parents, of the child,

(ii) the child's guardian, or

(iii) any person mentioned in paragraph (e) or (f) of subsection (3).

(7) In subsection (1), the reference to variation of a permanence order includes a reference to amendment of the order to include provision granting authority for the child to whom the order relates to be adopted.

Orders and supervision requirements

Duty of children’s hearing to prepare report for court

95

(1) Subsection (2) applies where—

(a) an application is made for a permanence order, or variation of such an order, in respect of a child,

(b) the application has not been determined (or, as the case may be, withdrawn or abandoned), and

(c) a children's hearing proposes to make or vary (other than by interim variation, as defined in section 140 of the Children’s Hearing (Scotland) Act 2011 (asp 1) ) a compulsory supervision order in respect of the child.

(2) The children's hearing must prepare for the court to which the application has been made a report containing such information as the Scottish Ministers may by regulations prescribe.

(3) In subsection (1)(a), the reference to variation of a permanence order includes a reference to amendment of the order to include provision granting authority for the child to whom the order relates to be adopted.

Application: effect on supervision requirement

96

(1) Subsection (2) applies where an application is made for a permanence order, or variation of such an order, in respect of a child.

(2) A compulsory supervision order may not be made or varied (other than by interim variation, as defined in section 140 of the Children’s Hearings (Scotland) Act 2011 (asp 1)) in respect of the child, until the application is determined (or, as the case may be, withdrawn or abandoned).

(3) Subsection (2) does not apply if the court to which the application is made refers the child's case to the Principal Reporter (whether following receipt of a report under section 95 or otherwise).

(4) In subsection (1), the reference to variation of a permanence order includes a reference to amendment of the order to include provision granting authority for the child to whom the order relates to be adopted.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim orders and revocation of supervision requirement

97

(1) Subsection (2) applies where an application is made for a permanence order, or variation of such an order, in respect of a child.

(2) The appropriate court may make such interim order as it thinks fit.

(3) Subsection (4) applies where—

(a) the child in respect of whom an interim order is to be made is subject to a compulsory supervision order, and

(b) the court is satisfied that, were it to make an interim order in relation to the child, it would no longer be necessary that, for the protection, guidance, treatment or control of the child, the child be subject to the compulsory supervision order.

(4) The court must make an order providing that, on the making of the interim order, the compulsory supervision order ceases to have effect.

(5) If—

(a) the child in respect of whom an interim order is made is subject to a compulsory supervision order, and

(b) the provisions of the interim order conflict, or are otherwise inconsistent, with the compulsory supervision order

the provisions of theinterim order prevail.

(6) In subsection (1), the reference to variation of a permanence order includes a reference to amendment of the order to include provision granting authority for the child to whom the order relates to be adopted.

Revocation and variation

Revocation

98

(1) The appropriate court may, on an application by a person mentioned in subsection (2), revoke a permanence order if satisfied that it is appropriate to do so in all the circumstances of the case, including, in particular—

(a) a material change in the circumstances directly relating to any of the order's provisions,

(b) any wish by the parent or guardian of the child in respect of whom the order was made to have reinstated any parental responsibilities or parental rights vested in another person by virtue of the order.

(2) Those persons are—

(a) the local authority on whose application the order was made,

(b) any other person affected by the order who has obtained the leave of the court to apply for revocation of the order.

(3) Subsections (4), (5)(a) and (b) and (6) of section 84 apply to the revocation of a permanence order under this section as they apply to the making of such an order.

Duty of local authority to apply for variation or revocation

99

(1) Subsection (2) applies where a local authority on whose application a permanence order was made determines that—

(a) there has been a material change in the circumstances directly relating to any of the order's provisions, and

(b) in consequence of that change, the order ought to be varied or revoked.

(2) The authority must, as soon as is reasonably practicable, apply to the appropriate court for variation or, as the case may be, revocation of the order.

(3) In this section, “variation”, in relation to the permanence order, includes amendment of the order so as to include provision granting authority for the child to whom the order relates to be adopted; and “varied” is to be construed accordingly.

Revocation: order under section 11 of 1995 Act

100

(1) Subsection (2) applies where the appropriate court revokes a permanence order in respect of a child.

(2) The court must consider whether to make an order under section 11 of the 1995 Act—

(a) imposing on a person specified in the order parental responsibilities in relation to the child, and

(b) giving to such a person parental rights in relation to the child.

Notification requirements

Local authority to give notice of certain matters

101

(1) This section applies where—

(a) a permanence order includes provision granting authority for the child to be adopted,

(b) after the order is made or, as the case may be, amended under section 93(2) so as to include that provision, an event mentioned in subsection (2) occurs, and

(2) Those events are—

(a) the child is placed for adoption,

(b) an adoption order is made in respect of the child,

(3) As soon as is reasonably practicable after the occurrence of the event, the local authority on whose application the permanence order was made must give notice of the event to any person falling within subsection (4).

(4) A person falls within this subsection if—

(a) the person consented under section 83(1)(c)(i) or 93(3) to the making of the order,

(b) the person's consent to the making of the order was dispensed with under section 83(1)(c)(ii) or 93(4).

(5) The local authority need not comply with the requirement imposed by subsection (3) in relation to a person if the person has given notice to that effect to the authority.

Effect of subsequent adoption order on permanence order

102

(1) Subsection (2) applies where—

(a) a permanence order is in force in respect of a child, and

(b) an adoption order is made in respect of the child.

(2) The permanence order ceases to have effect on the making of the adoption order.

Restriction on making certain orders under 1995 Act

Restriction on making of orders under section 11 of 1995 Act

103

After section 11 of the 1995 Act insert the following section—

(11A) (1) Subsection (2) applies where a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007 (asp 4)) is in force in respect of a child. (2) The court may not, under subsection (1) of section 11 of this Act, make an order such as is mentioned in any of paragraphs (a) to (e) of subsection (2) of that section.

Rules of procedure

Permanence orders: rules of procedure

104

(1) Provision may be made by rules of court in respect of—

(a) applications for permanence orders,

(b) applications for variation, or revocation, of permanence orders,

(2) In the case of an application for a permanence order containing a request that the order include provision granting authority for the child to be adopted, or an application made by virtue of section 93(2), rules must require—

(a) any person mentioned in subsection (3)(a) to be notified of the matters mentioned in subsection (4), and

(b) the person mentioned in subsection (3)(b) (if he can be found) to be notified of the matters mentioned in paragraphs (a) and (b) of subsection (4).

(3) Those persons are—

(a) every person who can be found and whose consent to the making of the order is required to be given or dispensed with under this Act or, if no such person can be found, any relative prescribed by the rules who can be found,

(b) if the father of the child in relation to whom the order is to be made does not have, and has never had, parental responsibilities or parental rights in relation to the child, the father of the child.

(4) Those matters are—

(a) that the application has been made,

(b) the date on which, and place where, the application will be heard,

(d) the fact that, unless the person wishes, or the court requires, the person need not attend the hearing.

(5) In subsection (1), any references to an application for variation of a permanence order include references to an application to amend the order to include provision granting authority for the child to whom the order relates to be adopted.

Part 3 — Miscellaneous

Provisions applicable to adoption orders and permanence orders

Notification of proposed application for order

105

(1) Subsection (2) applies where—

(a) a local authority—

(i) proposes to make an application for a permanence order in respect of a child, or

(ii) becomes aware that an application for an adoption order in respect of a child in its area has been, or is to be, made,

(b) the father of the child is not married to the mother of the child on the relevant date,

(c) the father, never having had parental responsibilities or parental rights in relation to the child, does not have such responsibilities or rights on the relevant date, and

(d) the authority—

(i) knows the identity and whereabouts of the father, or

(ii) can, by taking such reasonable and practicable steps as are appropriate in the circumstances of the case, ascertain that information.

(2) The local authority must, on or after the relevant date—

(a) give notice to the father that—

(i) it proposes to apply for a permanence order,

(ii) an application for an adoption order has been made, or

(iii) an application for an adoption order is to be made,

as the case may be, and

(b) provide the father with prescribed information relating to the processes for applying for the order in question.

(3) Where a local authority is required to give notice under subsection (2)(a)(i), it must give the notice at least 4 weeks before the application for the permanence order is made.

(4) Where a local authority is required to give notice under sub-paragraph (ii) or (iii) of subsection (2)(a), it must give the notice as soon as is reasonably practicable after it becomes aware that the application for an adoption order has been or, as the case may be, is to be made.

(5) In this section—

(a) “relevant date” means—

(i) the date on which the local authority determines it will make the application mentioned in sub-paragraph (i) of subsection (1)(a), or

(ii) the date on which the authority becomes aware of the application mentioned in sub-paragraph (ii) of that subsection,

as the case may be,

(b) “prescribed” means prescribed by regulations made by the Scottish Ministers.

Child subject to supervision requirement: duty to refer to Principal Reporter

106

(1) Subsection (2) applies where—

(a) a child is subject to a compulsory supervision order,

(b) a registered adoption service is satisfied that the best interests of the child would be served by placing the child for adoption, and

(2) The registered adoption service must refer the child's case to the Principal Reporter.

(3) The Scottish Ministers may make regulations specifying by reference to the occurrence of an event or events described in the regulations the period of time during which a referral under this section is to be made.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making of adoption order no longer to be bar to making of contact order

107

In section 11 of the 1995 Act (court orders relating to parental responsibilities etc.), in subsection (3)—

(a) in paragraph (a), sub-paragraph (iii) is repealed,

(b) after that paragraph insert—

(aa) that application for a contact order is made with the leave of the court by a person whose parental responsibilities or parental rights in relation to the child were extinguished on the making of an adoption order; (ab) that application for an order under subsection (1) above (other than a contact order) is made by a person who has had, but for a reason other than is mentioned in subsection (4) below, no longer has, parental responsibilities or parental rights in relation to the child;

, and

Rules: appointment of curators ad litem and reporting officers

108

(1) In the case of an application for a relevant order in relation to a child, rules of court must provide for the appointment, in such cases as are prescribed by the rules—

(a) of a person to act as curator ad litem of the child on the hearing of the application, with the duty of safeguarding the interests of the child in such manner as may be so prescribed,

(b) of a person to act as reporting officer for the purpose of witnessing agreements to adoption and performing such other duties as may be so prescribed.

(2) Rules may in particular make provision—

(a) enabling the reporting officer to be appointed before the application is made,

(b) enabling the court to appoint the same person to be curator ad litem and reporting officer.

(3) Rules may not make provision for—

(a) the appointment of a person who is employed by an adoption agency which has placed a child for adoption to act as curator ad litem or reporting officer for the purposes of an application for an adoption order in respect of the child,

(b) the appointment of a person who is employed by a local authority which is making (or has made) an application for a permanence order to act as curator ad litem or reporting officer for the purposes of the application.

(4) A relevant order means—

(a) an adoption order,

(b) a permanence order, or

Proceedings to be in private

109

(1) Any proceedings before the court relating to applications under any of the provisions mentioned in subsection (2) must be heard and determined in private unless the court otherwise directs.

(2) Those provisions are—

(a) section 24,

(b) section 29,

(d) section 59,

(e) section 80,

(f) section 92,

(g) section 93, ...

(ga) section 98, and

(h) section 99.

Care allowances: regulations

Allowances for care of certain children: regulations

110

(1) The Scottish Ministers may by regulations make provision about payments by a local authority in respect of a child who falls within subsection (2).

(2) A child falls within this subsection if—

(a) the child is placed by the authority under section 26(1)(a) of the 1995 Act,

(b) the child is required by virtue of section a compulsory supervision order to reside with a person other than a parent of the child, or

(c) were the child not residing with a relative, the authority would be required by section 25(1) of that Act to provide accommodation for the child.

(3) Regulations under subsection (1) may in particular include provision for or in connection with—

(a) specifying descriptions of person to whom payments may be made,

(b) specifying circumstances in which payments may be made,

(d) where a rate is so specified—

(i) requiring local authorities to pay at least that rate in the circumstances so specified,

(ii) recommending that local authorities pay at least that rate (“the recommended rate”) in the circumstances so specified,

(e) where a recommended rate is payable, requiring local authorities which pay less than that rate to publish, in such manner as may be so specified, their reasons for doing so.

(4) A child does not cease to fall within paragraph (a) of subsection (2) by reason only of the making of a permanence order vesting parental responsibilities in a person who is a member of the family with whom the child was placed.

(5) A child does not fall within paragraph (c) of subsection (2) if the relative is a guardian of the child.

(6) It is immaterial for the purposes of paragraph (c) of subsection (2) whether the relative has any parental rights or parental responsibilities in relation to the child.

Evidence and notices

111

(1) If a document signifying any consent which is required by this Act to be given is witnessed in accordance with rules of court, it is sufficient evidence of the signature of the person by whom it was executed.

(2) A document signifying any such consent which purports to be witnessed in accordance with rules is to be presumed to be so witnessed and to have been executed and witnessed on the date and at the place specified in the document unless the contrary is shown.

Service of notices etc.

112

Any notice or information required to be given under this Act may be given by post.

Admissibility of certain documents as evidence

113

Any document which is receivable as evidence of any matter—

(a) in England and Wales under section 77(4) and (5) of the 2002 Act, or

(b) in Northern Ireland under Article 63(1) of the Northern Ireland Order,

is sufficient evidence in Scotland of the matter to which it relates.

Part 4 — General

Rules of procedure

114

(1) Provision may be made by rules of court in respect of any matter to be prescribed by rules made by virtue of this Act and dealing generally with all matters of procedure.

(2) In the case of an application for an adoption order, the rules must require—

(a) any person mentioned in subsection (3) to be notified of the matters mentioned in subsection (4), and

(b) the person mentioned in subsection (5) (if he can be found) to be notified of the matters mentioned in paragraphs (a) and (b) of subsection (4).

(3) Those persons are—

(a) every person who can be found and whose consent to the making of the order is required to be given or dispensed with under this Act or, if no such person can be found, any relative prescribed by rules who can be found,

(b) every person who has consented to the making of the order under section 20 of the 2002 Act (and has not withdrawn the consent) unless the person has given a notice under subsection (4)(a) of that section which has effect,

(4) Those matters are—

(a) that the application has been made,

(b) the date on which, and place where, the application will be heard,

(d) the fact that, unless the person wishes, or the court requires, the person need not attend the hearing.

(5) The person is the father of the child to be adopted if he does not have, and has never had, parental responsibilities or parental rights in relation to the child.

(6) In the case of an application under section 59, rules of court must require every person who can be found, and whose consent to the making of the order would be required if the application were for an adoption order (other than a Convention adoption order) to be notified of the matters mentioned in subsection (4).

Offences by bodies corporate and partnerships

115

(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a relevant person, the relevant person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a relevant person.

(3) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.

(4) In this section, “relevant person”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Ancillary provision

116

(1) The Scottish Ministers may by order make such incidental, supplementary, consequential, transitory, transitional or saving provision as they consider necessary for the purposes of, in consequence of or for giving full effect to this Act or any provision of it.

(2) An order under subsection (1) may modify any enactment (including this Act).

Orders and regulations

117

(1) Any power conferred by this Act on the Scottish Ministers or the Registrar General to make orders or regulations is exercisable by statutory instrument.

(2) Any power conferred by this Act on the Scottish Ministers or the Registrar General to make orders or regulations—

(a) may be exercised so as to make different provision for different purposes,

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate or, as the case may be, the Registrar General considers appropriate.

(3) Any power conferred by this Act on the Scottish Ministers to make orders or regulations (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to—

(a) those cases subject to specified exceptions, or

(b) a particular case or class of case.

(4) Subject to subsection (5), a statutory instrument containing an order or regulations made under this Act (other than an order under section 121) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(5) A statutory instrument containing—

(a) regulations under—

(i) section 3 which includes provision amending subsection (4) or (5) of section 1,

(ia) section 13A(2),

(ib) section 13F(1),

(ii) section 38(1),

(iii) section 74(1),

(b) an order under section 116(1) which includes provision modifying an Act or an Act of the Scottish Parliament,

is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

(6) In this section, “Registrar General” has the meaning given by section 57(1).

Meaning of “appropriate court”

118

(1) In this Act, “appropriate court”, as respects any application made by virtue of this Act, is to be construed as follows.

(2) If the application relates to a child who is in Scotland when the application is made, the appropriate court is—

(a) the Court of Session, or

(b) the sheriff court of the sheriffdom within which the child is.

(3) If—

(a) the application is for—

(i) an adoption order, or

(ii) a permanence order seeking provision granting authority for the child to whom the order relates to be adopted, and

(b) the child is not in Scotland when the application is made,

the appropriate court is the Court of Session.

Interpretation

119

(1) In this Act, unless the context otherwise requires—

“the 1995 Act” means the Children (Scotland) Act 1995 (c. 36),

“the 2002 Act” means the Adoption and Children Act 2002 (c. 38),

“the Northern Ireland Order” means the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203),

“adoption agency”—means—a local authority, ora registered adoption service, andin sections 13A, 13D, 13F, 15, 17, 18, 20, 58 and 75 includes—an adoption agency within the meaning of section 2(1) of the 2002 Act (adoption agencies in England and Wales), andan adoption agency within the meaning of Article 3 of the Northern Ireland Order (adoption agencies in Northern Ireland),

“adoption order” has the meaning given by section 28(1),

“adoption society” means a body of persons whose functions consist of or include the making of arrangements for or in connection with the adoption of children,

“adoption support services” has the meaning given by section 1(5),

“applicant”, in sections 16 to 19 and 34, has the meaning given by section 15(2),

“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man,

“child” means a person who is under the age of 18,

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