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ANNEX A: THE ADOPTION INFORMATION (SCOTLAND) REGULATIONS
SCOTTISH STATUTORY INSTRUMENTS
2009 No.
CHILDREN AND YOUNG PERSONS
The Adoption Information (Scotland) Regulations 2009
Made | - | 2009 |
Laid before the Scottish the Scottish Parliament | - | 2009 |
Coming into force | - | 2009 |
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 37 and 117(2) of the Adoption and Children (Scotland) Act 2007( 1) and all other powers enabling them to do so.
Citation, commencement and interpretation
4.-a) These Regulations may be cited as the Adoption Information (Scotland) Regulations 2009 and come into force on 2009.
(1) In these regulations "the Act" means the Adoption and Children (Scotland) Act 2007.
Information to be kept about adoptions
1. 5.-(1) An adoption agency must create a case record in respect of-
(a) an adopted child; and
(b) a prospective adoptive parent.
(2) The following must be placed on the case record relating to an adopted child or a prospective adoptive parent-
(a) any information obtained by that adoption agency; and
(b) any report, recommendation or decision made by that adoption agency, or by an adoption panel or joint adoption panel appointed by that agency, under the Adoption Agencies (Scotland) Regulations 2009( 2), in respect of that adopted child or, as the case may be, that prospective adoptive parent.
(3) An adoption agency must continue to keep the case record set up in respect of an adopted child or prospective adoptive parent under the Adoption Agencies (Scotland) Regulations 1996.( 3)
(4) However an adoption agency is not required to keep any information falling within paragraph (2)(a) if the agency considers-
(a) that it would be prejudicial to the adopted person's welfare to keep it; or
(b) that it would not be reasonably practicable to keep it.
Form and manner in which information is kept
6.-(1) Subject to the Adoption (Disclosure of Information) (Scotland) Regulations 2009( 4) any information, reports, recommendations or decisions referred to in regulation 2(2) above, must be treated by the adoption agency as confidential.
(1) The adoption agency must ensure that all case records, together with the indexes to them, are at all times kept in secure conditions and in particular that all appropriate measures are taken to prevent theft, unauthorised disclosure, damage, loss or destruction.
(2) Subject to the Adoption (Disclosure of Information) (Scotland) Regulations 2009, an adoption agency must-
(a) preserve the indexes to all its case records and the case records in respect of those cases in which an adoption order is made in secure conditions for at least 75 years; and
(b) preserve other case records in secure conditions for so long as it considers appropriate.
(3) Case records and indexes to them may be preserved on computer records or such other system as reproduces the total contents of the case record or index.
[A member of the Scottish Executive]
[Authorised to sign by the Scottish Ministers]
St Andrew's House,
Edinburgh
2009
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision concerning the information which an adoption agency must keep in relation to adoptions and the form and manner in which such information must be kept.
Regulation 2 provides that an adoption agency must create a case record for each adopted child and prospective adoptive parent. These case records must contain all the information, reports, recommendations and decisions relating to those persons. Regulation 2(3) provides that adoption agencies must continue to keep case records established under the Adoption Agencies (Scotland) Regulations 1996 (S.I. No. 3266). Regulation 2(4) sets out circumstances in which an agency is not required to keep information.
Regulation 3 specifies that the information kept must be treated as confidential unless disclosure is permitted by the Adoption (Disclosure of Information) (Scotland) Regulations 2009. The agency must keep the case records in secure conditions and preserve them for at least 75 years, where an adoption order was made.
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