The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011

JurisdictionUK Non-devolved
CitationSI 2011/1740

2011 No. 1740

Constitutional Law

Devolution, Scotland

Children And Young Persons

The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011

Made 14th July 2011

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2), (4) and (5) of the Scotland Act 19981.

In accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011.

(2) This Order comes into force on the day after the day on which it is made.

(3) Subject to paragraph (4) any modification made by Schedules 1 and 2 has the same extent as the provisions being modified.

(4) Schedule 2 does not extend to Scotland.

S-2 Modifications

Modifications

2. The modifications in Schedule 1 have effect.

S-3 Modifications extending to England, Wales and Northern Ireland

Modifications extending to England, Wales and Northern Ireland

3. The modifications in Schedule 2 have effect.

David Mundell   

Parliamentary Under Secretary of State

Scotland Office

Dover House,

London

14th July 2011

SCHEDULE 1

Article 2

CONSEQUENTIAL MODIFICATIONS: GENERAL

1 AMENDMENT OF ACTS

PART 1

AMENDMENT OF ACTS

Immigration Act 1971 (c.77)

(1) In section 33(1) (interpretation) of the Immigration Act 19712

(a)

(a) in the definition of “Convention adoption” for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”; and

(b)

(b) in the definition of “legally adopted” at the end insert “or by regulations made by the Scottish Ministers under section 67(1) of the Adoption and Children (Scotland) Act 2007”.

Child Abduction and Custody Act 1985 (c.60)

(2) (1)

(2) (1) The Child Abduction and Custody Act 1985 is amended as follows.

(2)

(2) In section 9 (suspension of court’s powers in cases of wrongful removal)3for paragraph (d) substitute—

“(d)

“(d) making, varying, amending or revoking a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1) or 14(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267)).”.

(3)

(3) In section 20 (suspension of court’s powers)4for paragraph (d) of subsection (2) substitute—

“(d)

“(d) in the case of proceedings for the making, varying, amending or revoking of a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1) or 14(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267)), make, vary, amend or revoke such an order;”.

Children Act 1989 (c.41)

(3) (1)

(3) (1) The Children Act 1989 is amended as follows.

(2)

(2) In section 11B5(contact activity directions: further provision) after subsection 5(c)(ii) insert—

“(iii)

“(iii) by virtue of an application under section 30 of the Adoption and Children (Scotland) Act 2007 where subsection (3) of that section applies; or”.

(3)

(3) In Schedule 8 (privately fostered children), paragraph 5 for sub-paragraph (b) substitute—

“(b)

“(b) section 119 of the Adoption and Children (Scotland) Act 2007; or”.

Social Security Contributions and Benefits Act 1992 (c.4)

(4) In section 171ZL(4B) (entitlement) of the Social Security Contributions and Benefits Act 19926at the end insert—

“(c)

“(c) in the case of an adoption or expected adoption under the law of Scotland he is a member of a relevant couple within the meaning of section 29(3) of the Adoption and Children (Scotland) Act 2007”.

Family Law Act 1996 (c.27)

(5) In section 62 of the Family Law Act 19967(meaning of “cohabitants”, “relevant child” and “associated persons”)—

(a)

(a) after subsection (7)(b) insert—

“, or

(c)

(c) he is the subject of a Scottish permanence order which includes provision granting authority to adopt”;

(b)

(b) after subsection (7) insert—

SCH-1.8

“8 In subsection (7)(c) “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4)(including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267)).”.

Adoption and Children Act 2002 (c.38)

(6) (1)

(6) (1) The Adoption and Children Act 2002 is amended as follows.

(2)

(2) In section 47 (conditions for making adoption orders)8

(a) in subsection (6) for the words from “is free” to “Northern Ireland” (where first appearing) substitute—

“—

(a)

(a) is the subject of a Scottish permanence order which includes provision granting authority for the child to be adopted, or

(b)

(b) is free for adoption by virtue of an order made,”;

(b) after subsection (9) insert—

SCH-1.10

“10 In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4)(including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267)).”.

(3)

(3) In section 85(2)(b) (restrictions on taking children out) for “section 49 of the Adoption (Scotland) Act 1978 (c.28)” substitute “section 59 of the Adoption and Children (Scotland) Act 2007 (asp 4)”.

(4)

(4) In section 96(1) (excepted payments) after “the Adoption (Scotland) Act 1978 (c.28)” insert “, the Adoption and Children (Scotland) Act 2007 (asp 4)”.

(5)

(5) In section 105 (effect of certain Scottish orders and provisions)—

(a) in subsection (2) from the beginning to the words “effect in Scotland” substitute “A Scottish permanence order which includes provision granting authority for the child to be adopted has the same effect in England and Wales as it has in Scotland”;

(b) for subsection (3) substitute—

SCH-1.3

“3 Any person who contravenes any of the provisions of the Adoption and Children (Scotland) Act 2007 mentioned in subsection (3A) is guilty of an offence and 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.

SCH-1.3A

3A The provisions are—

(a) section 20 (restrictions on removal: child placed for adoption);

(b) section 21 (restrictions on removal: notice of intention to adopt given);

(c) section 22 (restrictions on removal: application for adoption order pending).”;

(c) in subsection (4) for “section 29 of that Act (order to return or not to remove child)” substitute “section 24 of the Adoption and Children (Scotland) Act 2007 (return of child removed in breach of certain provisions)”;

(d) after subsection (4) insert—

SCH-1.5

“5 In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4)(including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions Order 2009 ( S.S.I. 2009/267)).”.

(6)

(6) In section 107 (use of adoption records from other parts of the British Islands) for paragraph (a) substitute—

“(a)

“(a) in Scotland under section 56(1) or (2) of the Adoption and Children (Scotland) Act 2007 (asp 4)(admissibility of extracts as evidence),”.

(7)

(7) In section 144 (general interpretation etc.)9in the definition of “Scottish adoption order” at the end insert “or section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4)”.

(8)

(8) In Schedule 2 (disclosure of birth records by Registrar General), in paragraph 3(1)(b) for “section 45 of the Adoption (Scotland) Act 1978 (c.28)” substitute “section 55(4)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4)”.

2 AMENDMENT OF SECONDARY LEGISLATION

PART 2

AMENDMENT OF SECONDARY LEGISLATION

Personal Injuries (Civilians) Scheme 1983 (S.I. 1983/686)

(7) In article 2(2) (definitions) of the Personal Injuries (Civilians) Scheme 198310for “section 38 of the Adoption (Scotland) Act 1978” substitute “section 39 of the Adoption and Children (Scotland) Act 2007”.

Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459)

(8) In Schedule 9 to the Income Support (General) Regulations (Northern Ireland) 198711(sums to be disregarded in the calculation of income other than earnings) in paragraph 25(1)(b) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances scheme)”.

Income Support (General) Regulations 1987 (S.I. 1987 No. 1967)

(9) (1)

(9) (1) The Income Support (General) Regulations 198712are amended as follows.

(2)

(2) In regulation 16 (circumstances in which a person is to be treated as being or not being a member of a household)—

(a) in paragraphs (4)(c) and (5)(e) for “ the Adoption Agencies (Scotland) Regulations 198413” substitute “the Adoption Agencies (Scotland) Regulations 200914”; and

(b) in paragraph (8)(a), in the definition of “relevant enactment”, for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.

(3)

(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in paragraph 25(1)(a) after “(schemes for payment of allowances to adopters)” insert “or in accordance with an adoption allowance scheme made under...

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