The Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010

JurisdictionScotland
CitationSSI 2010/213
(1) These Regulations may be cited as the Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010.(2) These Regulations come into force on the day on which the Convention enters into force for the United Kingdom, which date will be notified in the London, Edinburgh and Belfast Gazettes.(3) These Regulations extend to Scotland.
  • In these Regulations—
  • a court has exercised its power under Article 8 of the Convention to request an authority of another Contracting State to assume jurisdiction in relation to an application, andthe court has sisted proceedings on the application, andPart 1 of the Family Law Act 1986the authority in the other Contracting State does not assume jurisdiction within the period for which the court granted the sist, orthe parties do not, within the period specified by the court, request the authority in the other Contracting State to assume jurisdiction.a local authority in Scotland wishes to make an application for a permanence order in respect of a child under section 80 of the Adoption and Children(Scotland) Act 2007the authorities of another Contracting State have jurisdiction in respect of the child under the Convention.(2) The local authority must make an application to the court requesting the court to exercise its power under Article 9 of the Convention (request to competent authority of the Contracting State of the habitual residence of the child for authorisation to exercise jurisdiction) .the Principal Reporter is obliged to refer a child to a Children’s Hearing under F5section 69(2) of the Children’s Hearings (Scotland) Act 2011; andthe authorities of another Contracting State have jurisdiction in respect of the child under the Convention.(2) The Principal Reporter must through the Central Authority in Scotland make an application to the competent authority of the Contracting State in exercise of his power under Article 9 of the Convention (request to competent authority of the Contracting State of the habitual residence of the child for authorisation to exercise jurisdiction) .
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  • (1) The Court of Session is to have jurisdiction to entertain an application under Article 24 of the Convention for recognition, or non-recognition, of a measure taken in another Contracting State.(2) But where the recognition or non-recognition of a measure is raised as an incidental question in another court, that court may determine the issue.to register a measure taken in another Contracting State for enforcement under Article 26 of the Convention, andthat a person has, or does not have, parental responsibility for a child by virtue of Article 16 of the Convention, oras to the extent of a person’s parental responsibility for a child by virtue of that Article.(1) The functions under the Convention of a Central Authority in Scotland are to be discharged by the Scottish Ministers.(2) If a person outside the United Kingdom does not know to which Central Authority in the United Kingdom a communication should be addressed, the person may address it to the Lord Chancellor.(1) Paragraph (2) applies if the Central Authority in Scotland receives a request for assistance under Article 31(c) of the Convention (either directly or via another Central Authority in the United Kingdom ) .a local authority in Scotland, a Health Board or Special Health Board (constituted by Order under section 2 of the National Health Service (Scotland) Act 1978(in respect of the exercise of its health service functions only) Healthcare Improvement Scotland (established by section 10A of the National Health Service (Scotland) Act 1978) .(3) A person who receives a request for information under this regulation must comply with the request as soon as reasonably practicable (but this is subject to Article 37 of the Convention) .
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  • (1) This regulation applies where a Central Authority thinks it appropriate to provide a report on the situation of a child under Article 32(a) of the Convention.request a written report on the situation of the child from a local authority in Scotland, orif a written report has been provided to a court in relation to the child, request a copy of the report from the court.(3) A person in Scotland who receives a request for a report under this regulation must comply with the request as soon as reasonably practicable (but this is subject to Article 37 of the Convention) .

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