The Adoption (Intercountry Aspects) Act 1999 (Commencement No. 10) (Scotland) Order 2003

Made: 27th February 2003

The Scottish Ministers, in exercise of the powers conferred by section 18(3) of the Adoption (Intercountry Aspects) Act 1999[^f00001], hereby make the following Order:

Citation, interpretation and extent

1

• (1) This Order may be cited as the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 10) (Scotland) Order 2003.

• (2) In this Order “the 1978 Act” means the Adoption (Scotland) Act 1978[^f00002].

• (3) This Order extends to Scotland only.

Appointed day

2

1st June 2003 is the day appointed for the coming into force of the following provisions of the Adoption (Intercountry Aspects) Act 1999:–

• (a) section 2(1), (2), (3), (4) and (6) (Central Authorities and accredited bodies) insofar as it relates to Scotland;

• (b) section 3 (Convention adoption orders) insofar as it amends the 1978 Act;

• (c) section 5 (effect of Convention adoptions in Scotland);

• (d) section 6 (Annulment of Convention adoptions etc.) insofar as it amends the 1978 Act;

• (e) section 8 (meaning of “Convention adoption” and related expressions) insofar as it amends the 1978 Act;

• (f) section 11 (six month residence requirement for certain intercountry adoptions) insofar as it amends the 1978 Act;

• (g) section 15 (amendments and repeals) insofar as it relates to Schedule 2 and the repeals of the 1978 Act in Schedule 3;

• (h) Schedule 1 insofar as it relates to Scotland;

• (i) Schedule 2, paragraph 4;

• (j) Schedule 3 insofar as it amends the 1978 Act; and

• (k) section 17 (Savings for adoptions etc. under 1965 Convention) insofar as it relates to the 1978 Act.

Signed

CATHY JAMIESON — A member of the Scottish Executive — 27th February 2003

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st June 2003 insofar as they apply to Scotland and the Adoption (Scotland) Act 1978, further provisions in the Adoption (Intercountry Aspects) Act 1999 (the “1999 Act”). This Order enables full effect to be given to the 1993 Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoptions which was concluded at the Hague on 29th May 1993.

It is the intention that the UK will ratify the Convention on 1st June 2003.

Footnotes

[^f00001]: 1999 c. 18. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46) and section 16 of the Adoption (Intercountry Aspects) Act 1999.

[^f00002]: 1978 c. 28.