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Statutory Instruments of the Scottish Parliament

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      SCOTTISH STATUTORY INSTRUMENTS

      2001 No. 235 (C. 11)

      CHILDREN AND YOUNG PERSONS

      The Adoption (Intercountry Aspects) Act 1999 (Commencement No. 6) Order 2001

        Made 14th June 2001 

      The Scottish Ministers, in exercise of the powers conferred on them by section 18(3) of the Adoption (Intercountry Aspects) Act 1999[1], and of all other powers enabling them in that behalf, hereby make the following Order:-

      Citation and interpretation
           1.  - (1) This Order may be cited as the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 6) Order 2001.

          (2) In this Order, "the Act" means the Adoption (Intercountry Aspects) Act 1999.

      Appointed day
                 2. 2nd July 2001 is the day appointed for the coming into force of section 9 of the Act (adoption service to include intercountry adoptions etc.) and section 14 of the Act (restriction on bringing children into the United Kingdom for adoption), in so far as each section amends the Adoption (Scotland) Act 1978[2].


      JACK McCONNELL
      A member of the Scottish Executive

      St. Andrew's House, Edinburgh
      14th June 2001

      EXPLANATORY NOTE

      (This note is not part of the Order)

      This Order brings into force on 2nd July 2001, sections 9 and 14 of the Adoption (Intercountry Aspects) Act 1999, in so far as they amend the Adoption (Scotland) Act 1978 ("the 1978 Act"). Section 9 inserts a new subsection into the 1978 Act, which provides that references to adoption in Part I of that Act are to the adoption of children, wherever they may be habitually resident, whether effected within or outside the British Islands. Section 14 inserts a new section into the 1978 Act, which provides that a person habitually resident in the British Islands is guilty of an offence if he brings a child who is habitually resident elsewhere into the United Kingdom for the purposes of adoption, without complying with such requirements as may be prescribed by the Scottish Ministers.

      NOTE AS TO EARLIER COMMENCEMENT ORDERS

      (This note is not part of the Order)

      The following provisions of the Act have been brought into force by commencement order made before the date of this Order:-

      Provision Date of commencement S.I. No.
      s.13 (partially) as to England and Wales 31st January 2000 2000/52
      s.16(2) 16th October 2000 2000/2821
      s.13 (partially) as to Scotland 10th November 2000 S.S.I. 2000/390
      s.14 as to England and Wales 30th April 2001 2001/1279

      [1] 1999 c.18. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) and section 16 of the Adoption (Intercountry Aspects) Act 1999.back

      [2] 1978 c.28.back


      ISBN 0 11059764 8


 



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Prepared 12 July 2001
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