Statutory Instruments
2010 No. 2469
Constitutional Law
Devolution, Scotland
Children And Young Persons
The Adoption and Children (Scotland) Act 2007 (Consequential Provisions) Order 2010
Made
12th October 2010
Laid before Parliament
12th October 2010
Coming into force
2nd November 2010
The Secretary of State for Education 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 1998( 1 ).
Citation, commencement and extent
1. —(1) This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Consequential Provisions) Order 2010 and comes into force on 2nd November 2010.
(2) This Order does not extend to Scotland.
Interpretation
2. In this Order—
“the 2002 Act” means the Adoption and Children Act 2002( 2 ); and
“relevant Scottish permanence order” means—
a deemed permanence order having effect by virtue ofarticle 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No 4, Transitional and Savings Provisions) Order 2009( 3 ); or
any other order undersection 80 of the Adoption and Children (Scotland) Act 2007( 4 ) which includes provision granting authority for the child to be adopted.
Modification of section 47(6) of the 2002 Act
3. Section 47(6) of the 2002 Act (the third condition for making an adoption order) shall have effect as if the reference to a child free for adoption by virtue of an order made in Scotlandundersection 18 of the Adoption (Scotland) Act 1978( 5 ) were a reference to a child subject to a relevant Scottish permanence order.
Effect of a relevant Scottish permanence order in England and Wales
4. In section 105(2) of the 2002 Act (effect of freeing orders in England and Wales) the reference to an order undersection 18 of the Adoption (Scotland) Act 1978 and the revocation or variation of such an order under section 20 or 21 of that Act shall have effect as if it were a reference to a relevant Scottish permanence order.
Modifications of the Adoption (Northern Ireland) Order 1987
5. In the Adoption (Northern Ireland) Order 1987( 6 )—
(a) the definition of the expression “order freeing a child for adoption” in article 2 (interpretation), and
(b) paragraph (1)(a) of article 16 (parental agreement),
each has effect as if the reference to a child free for adoption by virtue of an order undersection 18 of the Adoption (Scotland) Act 1978 were a reference to a child subject to a relevant Scottish permanence order.
Period for which this Order has effect
6. This Order ceases to have effect at the end of the period of 8 months beginning with the day on which it comes into force.
Tim Loughton
ParliamentaryUnder Secretary of State
Department for Education
12th October 2010