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(1)Subsection (2) applies where—
(a)an adoption agency has placed a child for adoption with persons (“prospective adopters”), and
(b)each parent or guardian of the child has, in accordance with such provision as may be made by regulations by the Scottish Ministers, consented to the placement (whether or not each parent or guardian knows the identity of the prospective adopters).
(2)A parent or guardian of the child must not remove the child from the care of the prospective adopters without the leave of—
(a)the adoption agency, or
(b)the appropriate court.
(3)A person who removes a child in contravention of this section commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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