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Adoption and Children (Scotland) Act 2007
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22Restrictions on removal: application for adoption order pending
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(1)Subsection (2) applies where—
(a)an application for an adoption order in relation to a child has been made to, but not determined by, the appropriate court, and
(b)during the period of 5 years immediately preceding the making of the application, the child’s home has been with the persons applying for the order (the “prospective adopters”).
(2)Except where subsection (3) applies, a person may not remove the child from the care of the prospective adopters.
(3)This subsection applies if—
(a)the prospective adopters consent to the removal,
(b)the court determining the application grants leave for the removal,
(c)the child is arrested, or
(d)the removal is authorised by virtue of any enactment.
(4)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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