The Adoption and Children (Scotland) Act 2007 (Consequential Provisions) Order 2010

• Citation: S.I. 2010/2469
• Sections: 6

Section 1 Citation, commencement and extent

(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.

Section 2 Interpretation

In this Order—

“the 2002 Act ” means the Adoption and Children Act 2002 ; and

“relevant Scottish permanence order” means—

a deemed permanence order having effect by virtue of article 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No 4, Transitional and Savings Provisions) Order 2009 ; or

any other order under section 80 of the Adoption and Children (Scotland) Act 2007 which includes provision granting authority for the child to be adopted.

Section 3 Modification of section 47(6) of the 2002 Act

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 Scotland under section 18 of the Adoption (Scotland) Act 1978 were a reference to a child subject to a relevant Scottish permanence order.

Section 4 Effect of a relevant Scottish permanence order in England and Wales

In section 105(2) of the 2002 Act (effect of freeing orders in England and Wales) the reference to an order under section 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.

Section 5 Modifications of the Adoption (Northern Ireland) Order 1987

In the Adoption (Northern Ireland) Order 1987 —

(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 under section 18 of the Adoption (Scotland) Act 1978 were a reference to a child subject to a relevant Scottish permanence order.

Section 6 Period for which this Order has effect

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.