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The Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) (Scotland) Regulations 2008

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7.—(1) The Scottish Ministers may specify in the restricted list, in relation to any restricted country(1), a step which is not otherwise provided for by virtue of any enactment but which, by virtue of the arrangements between the United Kingdom and that country or territory, the Scottish Ministers normally take in connection with the bringing in of a child where that country or territory is concerned.

(2) If a step has been specified under paragraph (1), the condition which is to be met for the purposes of section 65(1)(b) of the Act is that the Scottish Ministers have notified the prospective adopters in writing that the adoption may proceed.

(3) A notification for the purpose of paragraph (2) must state that it is given for the purpose of that paragraph.

(1)

“Restricted country” is defined in section 62(4) of the Adoption and Children (Scotland) Act 2007 as being a country or territory in relation to which a declaration that special restrictions are for the time being to apply has effect.

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