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(1) This Order may be cited as the Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011.
(2) This Order comes into force on the day after the day on which it is made.
(3) Subject to paragraph (4) any modification made by Schedules 1 and 2 has the same extent as the provisions being modified.
(4) Schedule 2 does not extend to Scotland.
The modifications in Schedule 1 have effect.
The modifications in Schedule 2 have effect.
In section 33(1) (interpretation) of the Immigration Act 1971 —
(a) in the definition of “Convention adoption” for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”; and
(b) in the definition of “legally adopted” at the end insert “or by regulations made by the Scottish Ministers under section 67(1) of the Adoption and Children (Scotland) Act 2007”.
(1) The Child Abduction and Custody Act 1985 is amended as follows.
(2) In section 9 (suspension of court’s powers in cases of wrongful removal) for paragraph (d) substitute—
(d) making, varying, amending or revoking a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1) or 14(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267) ).
(3) In section 20 (suspension of court’s powers) for paragraph (d) of subsection (2) substitute—
(d) in the case of proceedings for the making, varying, amending or revoking of a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1) or 14(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267 )), make, vary, amend or revoke such an order;
(1) The Children Act 1989 is amended as follows.
(2) In section 11B (contact activity directions: further provision) after subsection 5(c)(ii) insert—
(iii) by virtue of an application under section 30 of the Adoption and Children (Scotland) Act 2007 where subsection (3) of that section applies; or
(3) In Schedule 8 (privately fostered children), paragraph 5 for sub-paragraph (b) substitute—
(b) section 119 of the Adoption and Children (Scotland) Act 2007; or
In section 171ZL(4B) (entitlement) of the Social Security Contributions and Benefits Act 1992 at the end insert—
(c) in the case of an adoption or expected adoption under the law of Scotland he is a member of a relevant couple within the meaning of section 29(3) of the Adoption and Children (Scotland) Act 2007
In section 62 of the Family Law Act 1996 (meaning of “cohabitants”, “relevant child” and “associated persons”)—
(a) after subsection (7)(b) insert—
, or
(c) he is the subject of a Scottish permanence order which includes provision granting authority to adopt
(b) after subsection (7) insert—
(8) In subsection (7)(c) “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267 )).
(1) The Adoption and Children Act 2002 is amended as follows.
(2) In section 47 (conditions for making adoption orders) —
(a) in subsection (6) for the words from “is free” to “Northern Ireland” (where first appearing) substitute—
—
(a) is the subject of a Scottish permanence order which includes provision granting authority for the child to be adopted, or
(b) is free for adoption by virtue of an order made,
(b) after subsection (9) insert—
(10) In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267 )).
(3) In section 85(2)(b) (restrictions on taking children out) for “section 49 of the Adoption (Scotland) Act 1978 (c.28) ” substitute “section 59 of the Adoption and Children (Scotland) Act 2007 (asp 4) ”.
(4) In section 96(1) (excepted payments) after “the Adoption (Scotland) Act 1978 (c.28) ” insert “, the Adoption and Children (Scotland) Act 2007 (asp 4) ”.
(5) In section 105 (effect of certain Scottish orders and provisions)—
(a) in subsection (2) from the beginning to the words “effect in Scotland” substitute “A Scottish permanence order which includes provision granting authority for the child to be adopted has the same effect in England and Wales as it has in Scotland”;
(b) for subsection (3) substitute—
(3) Any person who contravenes any of the provisions of the Adoption and Children (Scotland) Act 2007 mentioned in subsection (3A) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale or both.
(3A) The provisions are—
(a) section 20 (restrictions on removal: child placed for adoption);
(b) section 21 (restrictions on removal: notice of intention to adopt given);
(c) section 22 (restrictions on removal: application for adoption order pending).
(c) in subsection (4) for “section 29 of that Act (order to return or not to remove child)” substitute “section 24 of the Adoption and Children (Scotland) Act 2007 (return of child removed in breach of certain provisions)”;
(d) after subsection (4) insert—
(5) In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions Order 2009 ( S.S.I. 2009/267 )).
(6) In section 107 (use of adoption records from other parts of the British Islands) for paragraph (a) substitute—
(a) in Scotland under section 56(1) or (2) of the Adoption and Children (Scotland) Act 2007 (asp 4) (admissibility of extracts as evidence),
(7) In section 144 (general interpretation etc. ) in the definition of “Scottish adoption order” at the end insert “or section 28(1) of the Adoption and Children (Scotland) Act 2007 (asp 4) ”.
(8) In Schedule 2 (disclosure of birth records by Registrar General), in paragraph 3(1)(b) for “section 45 of the Adoption (Scotland) Act 1978 (c.28) ” substitute “section 55(4)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4) ”.
In article 2(2) (definitions) of the Personal Injuries (Civilians) Scheme 1983 for “section 38 of the Adoption (Scotland) Act 1978” substitute “section 39 of the Adoption and Children (Scotland) Act 2007”.
In Schedule 9 to the Income Support (General) Regulations (Northern Ireland) 1987 (sums to be disregarded in the calculation of income other than earnings) in paragraph 25(1)(b) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances scheme)”.
(1) The Income Support (General) Regulations 1987 are amended as follows.
(2) In regulation 16 (circumstances in which a person is to be treated as being or not being a member of a household)—
(a) in paragraphs (4)(c) and (5)(e) for “ the Adoption Agencies (Scotland) Regulations 1984 ” substitute “the Adoption Agencies (Scotland) Regulations 2009 ”; and
(b) in paragraph (8)(a), in the definition of “relevant enactment”, for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.
(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in paragraph 25(1)(a) after “(schemes for payment of allowances to adopters)” insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
In Schedule 2 (sums to be disregarded in the calculation of income other than earnings) to the Family Credit (General) Regulations 1987 in paragraph 22(1)(a) after “(schemes for payment of allowances to adopters)” insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
(1) The Adoption (Northern Ireland) Order 1987 is amended as follows.
(2) In Article 2(2) (interpretation) —
(a) in the definition of “adoption agency” for “section 1 of the Adoption (Scotland) Act 1978 (adoption agencies in Scotland)” substitute “section 119(1)(a) of the Adoption and Children (Scotland) Act 2007 (interpretation)”;
(b) in the definition of “adoption order”—
(i) in paragraph (b) for “section 12 of the Adoption (Scotland) Act 1978” substitute “section 29 or 30 of the Adoption and Children (Scotland) Act 2007”;
(ii) in paragraph (c) for “section 49 of the Adoption (Scotland) Act 1978” substitute “section 59 of the Adoption and Children (Scotland) Act 2007”;
(c) in the definition of “order freeing a child for adoption” for “or section 18 of the Adoption (Scotland) Act 1978” substitute “a Scottish permanence order which includes provision granting authority for the child to be adopted”;
(d) in the definition of “overseas adoption” for “the Adoption (Scotland) Act 1978” substitute section 67(1) of the Adoption and Children (Scotland) Act 2007”;
(e) after the definition of “relative” insert—
“Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267 ));
(3) In Article 11 (restriction on arranging adoptions and placing children) in paragraph (2)—
(a) for “under section 3 of the Adoption (Scotland) Act 1978” substitute “a registered adoption service provided as mentioned in paragraph 8(1) of schedule 12 to the Public Services Reform (Scotland) Act 2010 and registered under Part 5 of that Act”;
(b) for “the society” substitute “it”; and
(c) for “section 1 of that Act of 1978” substitute “section 1(3) of the Adoption and Children (Scotland) Act 2007”.
(4) In Article 16 (parental agreement) in paragraph (1) after sub-paragraph (a) insert—
(aa) the child is the subject of a Scottish permanence order which includes provision granting authority for the child to be adopted; or
(5) In Article 30 (return of child taken away in breach of Article 28 or 29) in paragraphs (1) and (2), in each case, for sub-paragraph (c) substitute—
(c) section 20, 21 or 22 of the Adoption and Children (Scotland) Act 2007,
(6) In Article 54 (disclosure of birth records of adopted children) —
(a) in paragraph (3) after sub-paragraph (d) insert—
(e) if he is in the United Kingdom and his adoption was arranged by a registered adoption service provided as mentioned in paragraph 8(1) of schedule 12 to the Public Services Reform (Scotland) Act 2010 and registered under Part 5 of that Act.
(b) in paragraph (4)(b) for “section 45 of the Adoption (Scotland) Act 1978” substitute “section 55(4)(b) of the Adoption and Children (Scotland) Act 2007”.
(7) In Article 58(1) (restriction on removal of children for adoption outside Northern Ireland) for “section 49 of the Adoption (Scotland) Act 1978” substitute “section 59 of the Adoption and Children (Scotland) Act 2007”.
(8) In Article 63(2) (evidence of adoptions, etc.) for “section 45(2) of the Adoption (Scotland) Act 1978” substitute “section 56 of the Adoption and Children (Scotland) Act 2007”.
(1) The Adoption Agencies Regulations (Northern Ireland) 1989 are amended as follows.
(2) In regulation 1(2) (citation, commencement and interpretation) at the end insert—
“Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009 ( S.S.I. 2009/267 ));
(3) In regulation 9 (adoption agency’s duties in respect of proposed placement)—
(a) In paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”.
(b) after paragraph (2) insert—
(2A) Where the child is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted, the adoption agency shall refer its proposal to place a child for adoption to the adoption panel only if the local authority, on whose application the order was made, or in whom the mandatory provision has been vested, has been consulted and agrees with the proposal.
(2B) In paragraph (2A) “mandatory provision” shall be construed in accordance with section 81(1) of the Adoption and Children (Scotland) Act 2007.
(4) In regulation 13(1) (review of case where no placement made within six months of freeing for adoption)—
(a) for “section 18(5) of the Adoption (Scotland) Act 1978” substitute “where a child is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted”; and
(b) for “section 18 or 21 of the Adoption (Scotland) Act 1978” substitute “that Scottish permanence order”.
(1) The Disability Working Allowance (General) Regulations 1991 are amended as follows.
(2) In regulation 10 (membership of the same household)—
(a) in paragraph (2)(d) for “the Adoption Agencies (Scotland) Regulations 1984” substitute “the Adoption Agencies (Scotland) Regulations 2009”;
(b) in paragraph (3)(b) for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.
(3) In Schedule 3, paragraph 22 (sums to be disregarded in the calculation of income other than earnings) in sub-paragraph (1)(a) after “(schemes for payments of allowances to adopters)” insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
In paragraph 22(1)(b) of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) to the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
In paragraph 25 of Schedule 2 (amounts to be disregarded when calculating or estimating N and M) to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 after “(schemes for the payment of allowances to adopters)” insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
In paragraph 17(1)(b) (or, in so far as applying in Scotland, paragraph 17(b)) of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) to the National Assistance (Assessment of Resources) Regulations 1992 at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
In Article 107(7)(a) (privately fostered children further defined) of the Children (Northern Ireland) Order 1995 for head (iii) substitute—
(iii) section 119(1) of the Adoption and Children (Scotland) Act 2007;
(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended as follows.
(2) In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a) in paragraph (4)(c) at the end insert “or, in Scotland, under the Adoption Agencies (Scotland) Regulations 2009”; and
(b) in paragraph (5)(f) at the end insert “or, in Scotland, under the Adoption Agencies (Scotland) Regulations 2009”.
(3) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 26(1)(b) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.
(2) In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a) in paragraph (4)(d) and (5)(h) for “the Adoption Agencies (Scotland) Regulations 1984” substitute “the Adoption Agencies (Scotland) Regulations 2009”;
(b) in paragraph 9(a) and (b) for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.
(3) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) in paragraph 26(1)(a) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
(1) The Housing Renewal Grants Regulations 1996 are amended as follows.
(2) In regulation 9 (circumstances in which a person is to be treated as being or not being a member of the household) in paragraphs (3) and (4) for “the Adoption Agencies (Scotland) Regulations 1984” substitute “the Adoption Agencies (Scotland) Regulations 2009”.
(3) In Schedule 3 (sums to be disregarded in the determination of income other than earnings) in paragraph 22(1)(a) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
(1) The Children (Reciprocal Enforcement of Prescribed Orders etc. (England and Wales and Northern Ireland)) (Scotland) Regulations 1996 are amended as follows.
(2) In regulation 1(2) (citation, commencement, interpretation and extent) —
(a) in the definition of “corresponding England and Wales Order”, for “parental responsibilities order” substitute “permanence order”;
(b) in the definition of “corresponding Northern Ireland Order”, for “parental responsibilities order” substitute “permanence order”; and
(c) after the definition of “corresponding Northern Ireland Order” insert—
“permanence order” means an order—
granted under section 80 of the Adoption and Children (Scotland) Act 2007 (permanence orders) which contains the following provisions:
the mandatory provisions mentioned in section 81 of that Act (permanence orders: mandatory provision) vesting in the local authority; and
the ancillary provisions mentioned in section 82(1)(a), (c)(i) and (d)(i) of that Act (permanence orders: ancillary provisions); or
having effect by virtue of article 13(1) or 14(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009;
(3) In regulations 4 (transfer of supervision requirements etc from Scotland to England and Wales) and 5 (transfer of supervision requirements etc from Scotland to Northern Ireland) in paragraphs (1), (2)(b), (3) and (4) for “parental responsibilities order” substitute “permanence order”.
(4) In column 1 of Schedule 4, for section C substitute—
C. Court Orders
(6) Permanence order made, or treated as being made, under section 80 of the Adoption and Children (Scotland) Act 2007
(5) In column 1 of Schedule 5 for section C substitute—
C. Court orders permanence order
(6) Permanence order made, or treated as being made, under section 80 of the Adoption and Children (Scotland) Act 2007.
(1) The Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 is amended as follows.
(2) In the Schedule (Exemptions from section 7) Part III (enactments and instruments extending to Scotland)—
(a) in paragraph (a) (adoption records and reports) at the end insert—
Sections 53 and 55 of the Adoption and Children (Scotland) Act 2007.
Regulation 28 of the Adoption Agencies (Scotland) Regulations 2009.
Regulation 3 of the Adoption (Disclosure of Information and Medical Information about Natural Parents) (Scotland) Regulations 2009 .
(b) in paragraph (d) (parental order records and reports) at the end insert—
Rules 21 and 25 of the Sheriff Court Adoption Rules 2009 .
In regulation 3(4) of the Adoption of Children from Overseas Regulations (Northern Ireland) 2002 (requirements applying to prospective adopters) in the definition of “adoption agency” for “section 1 of the Adoption (Scotland) Act 1978” substitute “section 119(1) of the Adoption and Children (Scotland) Act 2007”.
(1) The Paternity and Adoption Leave Regulations (Northern Ireland) 2002 are amended as follows.
(2) In regulation 2 (interpretation)—
(a) in paragraph (1), in the definition of “adoption agency” for “section 1(4) of the Adoption (Scotland) Act 1978” substitute “section 119(1) of the Adoption and Children (Scotland) Act 2007”;
(b) in paragraph (4)(b) for “regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996” substitute “regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009 ”.
(3) In regulation 22(1)(b) (disrupted placement in the course of adoption leave) for “section 30(3) of the Adoption (Scotland) Act 1978” substitute “, in Scotland, the child is returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007”.
(1) The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002 are amended as follows.
(2) In regulation 2 (interpretation)—
(a) in paragraph (1) in the definition of “adoption agency” for “section 1(4) of the Adoption (Scotland) Act 1978” substitute “section 119(1) of the Adoption and Children (Scotland) Act 2007”;
(b) in paragraph (2)(b) for “regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996” substitute “regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009”.
(3) In regulation 22(1)(a)(ii) (adoption pay period in cases where adoption is disrupted) for “section 30(3) of the Adoption (Scotland) Act 1978” substitute “, in Scotland, the child is returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007”.
In paragraph (4) of regulation 11 (provision of information relating to entitlement to statutory paternity pay or statutory adoption pay) of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations (Northern Ireland) 2002 for “regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996” substitute “regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009”.
In regulation 1(3) (citation, commencement and interpretation) of the Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002 for “regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996” substitute “regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009”.
In regulation 2 (grounds for disqualification) of the Disqualification from Caring for Children (England) Regulations 2002 at the end insert—
(12) He has had, by virtue of the making of a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007, all parental responsibilities or parental rights in relation to a child removed.
(1) The Child Tax Credit Regulations 2002 are amended as follows.
(2) In regulation 2 (interpretation), in the definition of “placing for adoption” for “the Adoption Agencies (Scotland) Regulations 1984” substitute “the Adoption Agencies (Scotland) Regulations 2009”.
(3) In regulation 3(1) (circumstances in which a person is or is not responsible for a child or qualifying young person) in Rule 4—
(a) in Case A , paragraph (i) for “section 26 of the Children (Scotland) Act 1995 ” substitute “regulation 33 of the Looked After Children (Scotland) Regulations 2009 ”; and
(b) in Case B, paragraph (ii) for “section 26 of the Children (Scotland) Act 1995” substitute “regulation 33 of the Looked After Children (Scotland) Regulations 2009”.
(1) The Paternity and Adoption Leave Regulations 2002 are amended as follows.
(2) In regulation 2 (interpretation)—
(a) in paragraph (1) in the definition of “adoption agency” for “section 1(4) of the Adoption (Scotland) Act 1978” substitute “section 119(1) of the Adoption and Children (Scotland) Act 2007”;
(b) in paragraph (4)(b) for “regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996” substitute “regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009”.
(3) In regulation 22(1)(b)(ii) (disrupted placement in the course of adoption leave) for “section 30(3) of the Adoption (Scotland) Act 1978” substitute “, in Scotland, the child is returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007”.
(1) The Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 are amended as follows.
(2) In paragraph (4) of regulation 11 (provision of information relating to statutory paternity pay or statutory adoption pay) for “regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996” substitute “regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009”.
(1) The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 are amended as follows.
(2) In regulation 2 (interpretation)—
(a) in paragraph (1) in the definition of “adoption agency” for “section 1(4) of the Adoption (Scotland) Act 1978” substitute “section 119(1) of the Adoption and Children (Scotland) Act 2007”;
(b) in paragraph (2)(b) for “regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996” substitute “regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009”.
(3) In regulation 22(1)(a)(ii) (adoption pay period in cases where adoption is disrupted) for “section 30(3) of the Adoption (Scotland) Act 1978” substitute “, in Scotland, the child is returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007”.
(1) The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 are amended as follows.
(2) In regulation 2 (interpretation)—
(a) in the definition of “adopter”, in paragraph (b), for “section 22 of the Adoption (Scotland) Act 1978” substitute “section 18 of the Adoption and Children (Scotland) Act 2007”;
(b) in the definition of “adoption agency” for “section 1(4) of the Adoption (Scotland) Act 1978” substitute “section 119(1) of the Adoption and Children (Scotland) Act 2007”.
(1) The Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 are amended as follows.
(2) In regulation 2 (interpretation) after the definition of “RSCA” insert—
“Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions) Order 2009);
(3) In regulation 23(1)(b) (duty of adoption agency in respect of assessment of a child) for “section 18 of the Adoption (Scotland) Act 1978” substitute “is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted”.
(4) In regulation 25(3)(c) ( HSS trust decision and notification) at the end insert “or the date the Scottish permanence order which includes provision granting authority for the child to be adopted was made”.
(5) In regulation 30(b) (prescribed requirements for the purposes of making a Convention adoption order) for “section 18 of the Adoption (Scotland) Act 1978 (freeing children for adoption in Scotland)” substitute “or the child is subject to a Scottish permanence order which includes provision granting authority for the child to be adopted”.
(1) The Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003 are amended as follows.
(2) In regulation 2 (interpretation)—
(a) in the definition of “adopter”, in paragraph (b) for “section 22 of the Adoption (Scotland) Act 1978” substitute “section 18 of the Adoption and Children (Scotland) Act 2007”;
(b) in the definition of “adoption agency” for “section 1(4) of the Adoption (Scotland) Act 1978” substitute “section 119(1) of the Adoption and Children (Scotland) Act 2007”.
In paragraph 25(1)(c) of Schedule 3 (sums to be disregarded in the determination of income other than earnings) to the Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004 at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
After paragraph 24 of the Schedule (relevant persons) to the Disqualification from Caring for Children (Wales) Regulations 2004 insert—
(24A) The person has had, by virtue of the making of a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007, all parental responsibilities or parental rights in relation to the child removed.
After paragraph 24 of the Schedule (Atodlen - personau perthnasol) to Rheoliadau Datgymhwyso rhag Gofalu am Blant (Cymru) 2004 , insert—
(24A) Tynnwyd oddi ar y person yr holl gyfrifoldebau rhiant neu hawliau rhiant mewn perthynas â phlentyn, yn rhinwedd gorchymyn sefydlogrwydd a wnaed o dan adran 80 o Ddeddf Mabwysiadu a Phlant ( Yr Alban) 2007.
(1) The Housing Benefit Regulations 2006 are amended as follows.
(2) In regulation 2(1) (interpretation) in the definition of “young individual” in paragraph (e) after “Schedule 3 to that Act” insert “or has ceased to be a child in relation to whom a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made”.
(3) In regulation 21 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a) in paragraphs (3)(c) and (4)(c) for “the Adoption Agencies (Scotland) Regulations 1996” substitute “the Adoption Agencies (Scotland) Regulations 2009”;
(b) in paragraph (6) for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.
(4) In paragraph 25 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) in sub-paragraph (1)(a) at the end insert “or in accordance with a scheme made under section 71 (adoption allowance schemes) of the Adoption and Children (Scotland) Act 2007”.
(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.
(2) In regulation 2(1) (interpretation) in the definition of “young individual” in paragraph (e) after “Schedule 3 to that Act” insert “or has ceased to be a child in relation to whom a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made”.
(3) In regulation 13D (determination of a maximum rent ( LHA )) in paragraph (12) in the definition of “care leaver” in sub-paragraph (d) after “Schedule 3 to that Act” insert “or has ceased to be a child in relation to whom a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made,”.
(4) In regulation 21 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a) in paragraphs (3)(c) and (4)(c) for “the Adoption Agencies (Scotland) Regulations 1996” substitute “the Adoption Agencies (Scotland) Regulations 2009”;
(b) in paragraph (6) for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.
(1) The Council Tax Benefit Regulations 2006 are amended as follows.
(2) In regulation 11 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a) in paragraphs (2)(c) and (3)(c) for “the Adoption Agencies (Scotland) Regulations 1996” substitute “the Adoption Agencies (Scotland) Regulations 2009”.
(b) in paragraph (5) for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.
(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) in paragraph 26(1)(a) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
In regulation 11 (circumstances in which a person is to be treated as being or not being a member of the household) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 —
(a) in paragraphs (2)(c) and (3)(c) for “the Adoption Agencies (Scotland) Regulations 1996” substitute “the Adoption Agencies (Scotland) Regulations 2009”; and
(b) in paragraph (5) for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.
In regulation 16(5) (child or qualifying young persons in detention, care etc.) of the Child Benefit (General) Regulations for paragraph (b) substitute—
(b) the Adoption Agencies (Scotland) Regulations 2009, or
In paragraph 26 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) to the Housing Benefit Regulations (Northern Ireland) 2006 in sub-paragraph (1)(c) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
In Part II of Schedule 6 (interpretation) to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 in item 18 and the definition of “adopted” for “section 38 of the Adoption (Scotland) Act 1978” substitute “section 39 of the Adoption and Children (Scotland) Act 2007”.
In paragraph 25(1)(c) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) to the Employment and Support Allowance Regulations (Northern Ireland) 2008 at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
(1) The Employment and Support Allowance Regulations 2008 are amended as follows.
(2) In regulation 2 (interpretation) in the definition of “relevant enactment” for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.
(3) In regulation 156(5)(d) and (6)(g) (circumstances in which a person is to be treated as being or not being a member of the household) for “the Adoption Agencies (Scotland) Regulations 1996” substitute “the Adoption Agencies (Scotland) Regulations 2009”.
(4) In paragraph 26(1)(a) of Schedule 8 (sums to be disregarded in the calculation of income other than earnings) at the end insert “or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)”.
The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2011-1740
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本頁資料來源：legislation.gov.uk (The National Archives)·整理提供：法律人 LawPlayer· lawplayer.com