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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)

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

(b)

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

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Adoption and Children (Scotland) Act 2007 (Consequential Provisions) Order 2010 (2010/2469)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
order freeing a child for adoptionart. 5.order_free_rtaxUKU
relevant Scottish permanence orderart. 2.relevant_S_rtJm9mP
the 2002 Actart. 2.the_2002_A_rtiahcV
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Adoption and Children (Scotland) Act 2007 (Consequential Provisions) Order 2010 2010 No. 2469 Order revoked The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 2011 No. 1740 Sch. 2 Pt. 3 Not yet
The Adoption and Children (Scotland) Act 2007 (Consequential Provisions) Order 2010 2010 No. 2469 art. 6 omitted The Adoption and Children (Scotland) Act 2007 (Consequential Provisions) (Amendment) Order 2011 2011 No. 1345 art. 3 Not yet

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.