Statutory Instruments
2009 No. 2233
Constitutional Law
Devolution, Scotland
Children And Young Persons
The Adoption and Children (Scotland) Act 2007 (Consequential Provisions) (No. 1) Order 2009
Made
13th August 2009
Laid before Parliament
20th August 2009
Coming into force
28th September 2009
The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(4) of the Scotland Act 1998( 1 ).
Citation and commencement
1. This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Consequential Provisions) (No. 1) Order 2009 and comes into force on 28th September 2009.
Savings provision: parental orders in relation to gamete donors
2. The repeal by section 120 of, and schedule 3 to, the Adoption (Scotland) Act 2007( 2 ) of provisions of the Adoption (Scotland) Act 1978( 3 ) does not affect the operation of those provisions for any of the purposes of subsections (9) and (10) of section 30 of the Human Fertilisation and Embryology Act 1990 (parental orders in favour of gamete donors)( 4 ) (which confer power to make regulations applying provisions of adoption law, with or without modifications, to parental orders under that section or applications for such orders and providing for the references to adoption etc. to be read as referring to the effect of a parental order etc.).
ANN McKECHIN
ParliamentaryUnder Secretary of State Scotland Office
Ministry of Justice
Dover House,
London
13th August 2009
1990 c.37 . Section 30 was amended by the Adoption and Children Act 2002 (c.38) section 139 and Schedule 3, paragraphs 76 and 79 and is amended by the Adoption and Children (Scotland) Act 2007 (asp 4) section 120, schedule 2, paragraph 6 and schedule 3. It is prospectively repealed by the Human Fertilisation and Embryology Act 2008 (c. 22) , sections 57 and 66 and Schedule 8. The Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994 ( S.I. 1994/2804 ) apply, with modifications, provisions of the 1978 Act to parental orders made under section 30. The relevant provisions are cited in Schedule 1 of those Regulations.