The Adoption Agencies (Scotland) Regulations 2009: Scottish Government Response to Consultation

Introduction

The Adoption and Children (Scotland) Act 2007 (the 2007 Act) received Royal Assent on 15 January 2007. The 2007 Act introduced a range of legislative reforms relating to adoption of, and permanent care for, children who cannot remain with their birth families. Once the new legislation is commenced, the existing legislation - the Adoption (Scotland) Act 1978 (the 1978 Act) - will be repealed, except to the extent necessary to maintain the legality of those adoptions that have already been made under it. One consequence of this is that existing Regulations made under the 1978 Act will fall when that Act is repealed. For that reason new Regulations require to be put in place to restate, and amend, extend and improve, existing Regulations. In doing this account has been taken of the report from the Adoption Policy Review Group ( APRG) Adoption: Better Choices for Our Children, which has already shaped the 2007 Act itself, and the consultation responses.

This report analyses the responses received by the Scottish Government to the Adoption Agencies (Scotland) Regulations consultation. This was the second of a suite of consultations on regulations associated with the 2007 Act. The consultation period ran from 7 July 2008 to 29 August 2008 and produced 28 responses; of which 16 were from local authorities and 12 were from organisations.

This report also analyses the responses received in respect of the consultation on the Adoption Information (Scotland) Regulations (the fourth in the suite of consultations). The consultation period ran from 13 August to 8 October 2008. Sixteen responses were received, of which 10 were from local authorities and 6 were from organisations. As these consist of only 2 Regulations and confer functions on adoption agencies, they have been incorporated into the Adoption Agencies (Scotland) Regulations as regulations 27 and 28.