Joint Committee on Statutory Instruments Thirty-Fourth Report


APPENDIX I

Memorandum by the Scottish Office (Court of Session)

ACT OF SEDERUNT (RULES OF THE COURT OF SESSION AMENDMENT) (MISCELLANEOUS) 1998 (S.I. 1998/890)

1.  This Memorandum is submitted by the Court of Session to the Joint Committee on Statutory Instruments in response to their letter dated 6 May 1998 in which they raised the following point:-

    Paragraph 2(14) substitutes in rule 67.24(2)(p) of the 1994 Rules the word "racial" for the word "social." Set out the text of sub-paragraph (p) as it stood before this substitution and identify the amending instrument (and provision of it) which produced the text containing the word "social".
2.  A copy of the Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853) is attached to this Memorandum [not printed].

3.  Rule of Court 67.24(2)(p) was amended by paragraph 2(20)(e) of the Act of Sederunt (Rules of the Court of Session Amendment No 2) (Adoption Applications) 1997 (S.I. 1997/853).

4.  Before amendment, sub-paragraph (p) had read as follows:-

    "ascertain the religious persuasion, if any, of the petitioner;"
5.  Paragraph 2(20)(e) substituted a new sub-paragraph (p) for the one shown above. This read as follows:-
    "ascertain the religious persuasion (if any), social origin and cultural and linguistic background both of the child and of the petitioner;"
6.  It was brought to the attention of this Office by the Convenor of the Scottish Child Law Centre that the new sub-paragraph (p) did not reflect accurately the terms of section 6(1)(b)(ii) of the Adoption Act 1978 as amended by section 95 of the Children (Scotland) Act 1995 (c36). This section reads as follows:-
    "to his religious persuasion, racial origin and cultural and linguistic background."
7.  It appeared that an error had been made in the substitute sub-paragraph (p) and paragraph 2(14) was intended to correct this.

8th May 1998


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1998
Prepared 8 June 1998