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ANNEX C: RELEVANT SECTIONS OF THE 2007 ACT
Adoption records
37 Information to be kept about adoptions
The Scottish Ministers may make regulations for or in connection with specifying-
(a) the information which an adoption agency must keep in relation to adoptions, and
(b) the form and manner in which it must keep the information.
38 Disclosure of information kept under relevant enactment
(1) The Scottish Ministers may by regulations make provision for or in connection with the disclosure by adoption agencies to adopted persons and other persons of a description or descriptions specified in the regulations of information kept by virtue of a relevant enactment.
(2) Regulations under subsection (1) may in particular include provision-
(a) in circumstances specified in the regulations, conferring discretion on adoption agencies as to whether to disclose or withhold information,
(b) specifying conditions which are to apply in relation to the disclosure of information, or information of a type so specified, to adopted persons of a description or descriptions so specified,
(c) specifying circumstances in which information should not be disclosed to adopted persons of a description or descriptions so specified,
(d) about the review of decisions of adoption agencies in connection with-
(i) the disclosure of information,
(ii) the conditions applicable to such disclosure.
(3) In this section, "relevant enactment" means-
(a) section 37, or
(b) any other enactment (whether or not in force) which imposes a requirement (however expressed) to keep records relating to adoptions.
117 Orders and regulations
(1) Any power conferred by this Act on the Scottish Ministers or the Registrar General to make orders or regulations is exercisable by statutory instrument.
(2) Any power conferred by this Act on the Scottish Ministers or the Registrar General to make orders or regulations-
(a) may be exercised so as to make different provision for different purposes,
(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate or, as the case may be, the Registrar General considers appropriate.
(3) Any power conferred by this Act on the Scottish Ministers to make orders or regulations (as well as being exercisable in relation to all cases to which it extends) may be exercised in relation to-
(a) those cases subject to specified exceptions, or
(b) a particular case or class of case.
(4) Subject to subsection (5), a statutory instrument containing an order or regulations made under this Act (other than an order under section 121) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(5) A statutory instrument containing-
(a) regulations under-
(i) section 3 which includes provision amending subsection (4) or (5) of section 1,
(ii) section 38(1)
(iii) section 74(1),
(b) an order under section 116(1) which includes provision modifying an Act or an Act of the Scottish Parliament, is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
(6) In this section, "Registrar General" has the meaning given by section 57(1).
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