Part 1Adoption
Chapter 2The adoption process
Adoption records
37Information 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.
38Disclosure 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.