The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003

Removal of the child by the relevant local authority

16.—(1) Subject to paragraph (4), where the child is placed with the prospective adopter or regulation 18 applies and the relevant local authority are of the opinion that–

(a) the continued placement of the child with the prospective adopter is not in the child’s best interests; and

(b) the child should not remain with the prospective adopter,

that local authority shall give notice to the prospective adopter of their opinion.

(2) The prospective adopter shall, not later than the end of the period of 7 days beginning with the giving of notice under paragraph (1), surrender the child to the relevant local authority.

(3) Where the relevant local authority gives notice under paragraph (1), it shall also give notice to the Central Authority that it has requested the surrender of the child.

(4) Where a notice under paragraph (1) is given, but–

(a) before the notice was given an application for a Convention adoption order was made; and

(b) that application has not been disposed of,

the prospective adopter shall not be obliged by virtue of the notice to return the child to the relevant local authority unless the court so orders.

(5) This regulation does not affect the exercise by any local authority or other person of any power conferred by any enactment or the exercise of any power of arrest.