Section 97 — Permanence orders: rules of procedure

Adoption and Children (Scotland) Bill: Stage 3 – in the Scottish Parliament at 4:00 pm on 7th December 2006.

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Photo of Murray Tosh Murray Tosh Conservative 4:00 pm, 7th December 2006

Group 17 is on rules of procedure applying to fathers without parental responsibilities and rights. Amendment 57, in the name of the minister, is grouped with amendments 58, 59 and 138 to 140.

Photo of Robert Brown Robert Brown Liberal Democrat

The rules of court should make provision for the situation when a child is to be adopted, by means of either an adoption order or a permanence order with authority to adopt, and the unmarried father cannot be found. However, the provisions sit more appropriately in sections 97(2)(b) and 106(2)(b) so that sections 97(3)(b) and 106(5) refer only to who the person is, rather than create a condition. The change is achieved by amendments 57 and 59 for sections 97 and 138 and by amendment 140 for section 106.

Amendment 58 is designed to ensure that the unmarried father is notified of the fact that application has been made for a permanence order with authority to adopt, as well as the date and place that the application will be heard. That will speed up the process by allowing him to prepare his case in time, should he wish to do so. Amendment 139 replicates that provision with regard to an adoption order.

If I am not mistaken, the amendments deal with an issue raised at stage 2.

I move amendment 57.

Amendment 57 agreed to.

Amendments 58 and 59 moved—[Robert Brown]—and agreed to.