The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011

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The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011

Statutory Instruments

Constitutional Law

Devolution, Scotland

Children And Young Persons

Made

14 th July 2011

Coming into force in accordance with article 1(2)

The Secretary of State 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).

In accordance with section 115 of, and paragraphs 1 , 2 and 3 of Schedule 7 to, that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(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.

Modifications

2.  The modifications in Schedule 1 have effect.

Modifications extending to England, Wales and Northern Ireland

3.  The modifications in Schedule 2 have effect.

Signed by the authority of the Secretary of State

David Mundell      

Parliamentary Under Secretary of State

Scotland Office

Dover House,

London

14 th July 2011

Article 2

SCHEDULE 1 CONSEQUENTIAL MODIFICATIONS: GENERAL

PART 1 AMENDMENT OF ACTS

Immigration Act 1971 (c.77)

1.  In section 33(1) (interpretation) of the Immigration Act 1971(2)—

(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”.

Child Abduction and Custody Act 1985 (c.60)

2.—(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)(3) 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)(4) 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;”.

Children Act 1989 (c.41)

3.—(1)...

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