[^key-fd33c8a06ef68d382e3b4ec6e1b25b4d]: Pt. 1 Ch. 1A inserted (30.9.2015 so far as is necessary to enable the Scottish Ministers to make regulations under section 13A(2), 1.4.2016 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 75, 102(3); S.S.I. 2015/317, art. 2, Sch.; S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2

[^key-4c79dba3ff39ef6328868c3563793dc0]: Words in s. 119(1) inserted (30.9.2015 for specified purposes, 1.4.2016 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 11(6); S.S.I. 2015/317, art. 2, Sch.; S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2

[^key-d3f1a79f1be97cec541a041e3932d581]: S. 117(5)(a)(ia)(ib) inserted (30.9.2015 for specified purposes, 1.4.2016 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), Sch. 5 para. 11(5); S.S.I. 2015/317, art. 2, Sch.; S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2

[^key-4b6ce185a4ae218c6ab06328914c052a]: S. 6 title substituted (1.4.2017) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 11(4); S.S.I. 2016/254, art. 3(3)(c)

[^key-813a86e13c3f89bd82656be252b5b8e0]: S. 4 repealed (1.4.2017) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 11(2); S.S.I. 2016/254, art. 3(3)(c)

[^key-c3b057df125b33d96bd62eb39fbad416]: Words in s. 6(1) omitted (1.4.2017) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 11(3); S.S.I. 2016/254, art. 3(3)(c)

[^key-9d7daa817dbb011f8024cc41acd69e2b]: S. 74(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 148 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-1337d9b51df35c1a3dc85a941c0e1d84]: Act applied (with modifications) (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(1), Sch. 2

[^key-4f7732d9c91022ec286975901b403b87]: Words in s. 55(4)(c) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 27(a)

[^key-ba01466a3674459dd04a0f174ba81ad8]: Words in s. 55(5)(c) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 27(b)

[^key-b66ca95ab8b829d88b680aecbd5311a7]: Words in s. 55(8) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 27(c)

[^key-cf844a6a84acc5dd6c74515a3618c650]: S. 14(3A) inserted (22.6.2025) by Children (Scotland) Act 2020 (asp 16), ss. 30(5), 34(2); S.S.I. 2025/157, reg. 2

Allowances for care of certain children: regulations

Rules of procedure

Offences by bodies corporate and partnerships

Return of child removed in breach of certain provisions

Duration

Permanence orders

Family member's right to require review of plan

Permanence orders: mandatory provision

Rules: appointment of curators ad litem and reporting officers

Allowances for care of certain children: regulations

Child subject to compulsory supervision order: duty to refer to Principal Reporter

Proceedings to be in private

Minor and consequential amendments and repeals

Carrying out of duties imposed by section 1

CHAPTER 1A — Scotland's Adoption Register

13A

(1) The Scottish Ministers must make arrangements for the establishment and maintenance of a register to be known as Scotland's Adoption Register for the purposes of facilitating adoption (referred to in this Chapter as “ the Register ”).

(2) The Scottish Ministers may by regulations—

(a) prescribe information relating to adoption which is, or types of information relating to adoption which are, to be included in the Register, which may include information relating to—

(i) children who adoption agencies consider ought to be placed for adoption,

(ii) persons considered by adoption agencies as suitable to have a child placed with them for adoption,

(iii) matters relating to such children or persons which arise after information about them is included in the Register,

(iv) children outwith Scotland who may be suitable for adoption,

(v) prospective adopters outwith Scotland,

(b) provide for how information is to be retained in the Register,

(3) The Register is not to be open to public inspection or search.

(4) Information is to be kept in the Register in any form the Scottish Ministers consider appropriate.

Supply of information for the Register

13B

(1) Arrangements made by the Scottish Ministers under section 13A(1) may in particular—

(a) authorise an organisation to perform the Scottish Ministers' functions in respect of the Register (other than functions of making subordinate legislation),

(b) provide for payments to be made by the Scottish Ministers to an organisation so authorised.

(2) The Scottish Ministers must publish arrangements under section 13A(1) so far as they authorise an organisation as mentioned in subsection (1)(a).

(3) An organisation authorised in pursuance of subsection (1) (a “registration organisation”) must perform functions delegated to it in accordance with any directions (general or specific) given by the Scottish Ministers.

13C

(1) An adoption agency must provide the Scottish Ministers with such information as may be prescribed in regulations made under section 13A(2) about—

(a) children who it considers ought to be placed for adoption or persons who were included in the Register as such children,

(b) persons who it considers as suitable to have a child placed with them for adoption or persons who were included in the Register as such persons.

(2) Regulations made under section 13A(2) may—

(a) provide that information is to be provided to a registration organisation in pursuance of subsection (1) instead of to the Scottish Ministers,

(b) provide for how and by when information is to be provided in pursuance of subsection (1),

(c) prescribe circumstances in which an adoption agency, despite subsection (1), is not to disclose information of the type prescribed for the purposes of that subsection.

13D

(1) It is an offence to disclose any information derived from the Register other than in accordance with regulations made under section 13A(2) in pursuance of this section.

(2) Regulations made under section 13A(2) may authorise the Scottish Ministers or a registration organisation to disclose information derived from the Register—

(a) to an adoption agency for the purposes of helping it—

(i) to find persons with whom it would be appropriate to place a child for whom the agency is acting, or

(ii) to find a child who is appropriate for adoption by persons for whom the agency is acting,

(b) to any person (whether or not established or operating in Scotland) specified in the regulations—

(i) for any purpose connected with the performance of functions by the Scottish Ministers or a registration organisation in pursuance of this Chapter,

(ii) for the purpose of enabling the information to be entered in a register which is maintained in respect of England, Wales or Northern Ireland and which contains information about children who are suitable for adoption or prospective adopters,

(iii) for the purpose of enabling or assisting that person to perform any functions which relate to adoption,

(iv) for use for statistical or research purposes, or

(v) for any other purpose relating to adoption.

(3) Regulations made under section 13A(2) may—

(a) set out terms and conditions on which information may be disclosed in pursuance of this section,

(b) specify steps to be taken by an adoption agency in respect of information received in pursuance of subsection (2),

(4) Subsection (1) does not apply to a disclosure of information by or with the authority of the Scottish Ministers.

(5) A person who is guilty of an offence under subsection (1) 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.

13E

Regulations made under section 13A(2) may prescribe—

(a) a fee which is to be paid by an adoption agency when providing information in pursuance of section 13C(1),

(b) a fee which is to be paid to the Scottish Ministers or a registration organisation in respect of a disclosure of information made in pursuance of section 13D(2), (3)(c) or (4),

(c) such other fees to be paid by adoption agencies, or payments to be made by them, in relation to the Register as the Scottish Ministers consider appropriate.

13F

(1) The Scottish Ministers may by regulations authorise a registration organisation or any other person to act as agent for the payment or receipt of sums payable by adoption agencies to other adoption agencies and may require adoption agencies to pay or receive such sums through the organisation.

(2) A registration organisation or other person authorised under subsection (1) is to perform the functions exercisable by virtue of that subsection in accordance with any directions (general or specific) given by the Scottish Ministers.

13G

Nothing authorised or required to be done by virtue of this Chapter constitutes an offence under section 72(2) or 75(1).

Return of child placed for adoption by adoption agency

Interim orders and revocation of compulsory supervision order

Rules of procedure

Ancillary provision

Short title and commencement

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Adoption and Children (Scotland) Act 2007

Allowances for care of certain children: regulations

Rules of procedure

Offences by bodies corporate and partnerships

Return of child removed in breach of certain provisions

Duration

Permanence orders

Family member's right to require review of plan

Permanence orders: mandatory provision

Rules: appointment of curators ad litem and reporting officers

Allowances for care of certain children: regulations

Child subject to compulsory supervision order: duty to refer to Principal Reporter

Proceedings to be in private

Minor and consequential amendments and repeals

Carrying out of duties imposed by section 1

CHAPTER 1A — Scotland's Adoption Register

13A

Supply of information for the Register

13B

13C

13D

13E

13F

13G

Return of child placed for adoption by adoption agency

Interim orders and revocation of compulsory supervision order

Evidence of consent

Rules of procedure

Ancillary provision

Short title and commencement