DUNDEE CITY COUNCIL FOR AN ORDER DECLARING CHILD C FREE FOR ADOPTION [2010] ScotSC 88 (17 May 2010)

DUNDEE CITY COUNCIL FOR AN ORDER DECLARING CHILD C FREE FOR ADOPTION [2010] ScotSC 88 (17 May 2010)

The court held that Parliament must have intended for savings provisions to apply to outstanding applications for freeing orders as at 28 September 2010, and that article 16(1) of the Order is broad enough to cover such applications, thus ensuring they are not left in a legislative lacuna.

Citation
[2010] ScotSC 88
Parties
Petitioner: Dundee City Council; Respondent: Y
Jurisdiction
Scotland
Judgment Date
17 May 2010
Procedural Posture
Application for Order Declaring Child Free for Adoption / Interlocutory Note on Statutory Interpretation Prior to Proof
Outcome
Application sisted and proof ordered; statutory interpretation provided but no final order on freeing for adoption at this stage.
Legal Topics
Adoption, Transitional Provisions, Statutory Interpretation
Family Law Child Law Adoption Transitional Provisions Statutory Interpretation

Case Brief

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Parties

Dundee City Council

Petitioner

Y

Respondent

Procedural Posture

Application for Order Declaring Child Free for Adoption / Interlocutory Note on Statutory Interpretation Prior to Proof

Legal Issues

  1. 1 Effect of transitional provisions of the Adoption and Children (Scotland) Act 2007 on pending applications for freeing orders under the Adoption (Scotland) Act 1978
  2. 2 Whether outstanding applications for freeing orders as at 28 September 2010 are covered by savings provisions

Ratio Decidendi

The court held that Parliament must have intended for savings provisions to apply to outstanding applications for freeing orders as at 28 September 2010, and that article 16(1) of the Order is broad enough to cover such applications, thus ensuring they are not left in a legislative lacuna.

Court Disposition

Application sisted and proof ordered; statutory interpretation provided but no final order on freeing for adoption at this stage.

Orders

  • Action sisted pending proof on the application.
  • Y permitted to be represented, cross-examine witnesses, and lead evidence.