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COMMENTARY AND CONSULTATION QUESTIONS

Regulation 3 - Receipt of a request

This Regulation applies where Scottish Ministers receive a request from prospective adopters asking them to take the steps, which they are not permitted to take due to the special restrictions, in their particular case.

Regulation 4 - Determining whether an exception to the special restrictions should be made

Regulation 4(1) requires Scottish Ministers to consider all the information they have at their disposal and the matters and the matters set out in Regulation 6 when making a determination. Regulation 4(2) requires Scottish Ministers to notify the prospective adopters as to the result of that determination. When they are not so satisfied they must give reasons.

Regulation 5 - Further requests

This Regulation allows Scottish Ministers to ignore a further request if they consider that it does not offer any new information or any information that would not have changed the outcome of their decision if it had accompanied the original request.

• Do you agree with the procedure, as outlined in these 3 regulations, to be followed in determining whether an exception to the special restrictions should be made?
• Are there any other elements which need to be added or are there any aspects of the process which are unnecessary?

Regulation 6 - Matters to be taken into account

This Regulation sets out the matters to be taken into account by Scottish Ministers when making a decision.

• Do you agree with the (non-exhaustive) list of matters outlined in this Regulation, both in cases where a specific child has been identified and 'in any other case'?
• Are there any other matters which should be taken into account that are not currently cited or are there any matters listed which are unnecessary?

Regulation 7 - Imposition of extra conditions

Regulation 7(1) enables Scottish Ministers to specify, in the restricted list, a step in relation to a country or territory in respect of which special restrictions are in place. Where a step has been specified, Regulation 7(2) provides that Scottish Ministers must notify the prospective adopters in writing before the adoption of a child from that country can proceed. Any person who brings, or causes another person to bring, a child into the United Kingdom for the purposes of adoption in contravention of this condition will commit an offence under section 65(3) of the Act.

• Do you agree with the provisions in this regulation regarding the specifying of a step and imposing extra conditions for 'pipeline' cases?

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