Explanatory Notes

Adoption and Children (Scotland) Act 2007

2007 asp 4

15 January 2007

Commentary on Sections

Chapter 2 .The Adoption Process

Section 27 - Contravention of sections 30 to 36 of the 2002 Act

109.By virtue of subsection (1), anyone who contravenes any of the sections of the Adoption and Children Act 2002 listed at subsection (2) is guilty of an offence and is liable to imprisonment for a term not exceeding 3 months, a fine not exceeding level 5 on the standard scale, or both.

110.The provisions listed at subsection (2) are sections 30(1), (2) and (3) (general prohibitions on removal), 32(2)(b) (recovery by parent etc. where child placed and consent withdrawn), 33(2) (recovery by parent etc. where child placed and placement order refused), 35(2) (return of child in other cases), 34(1) (placement orders: prohibition on removal), 36(1) and 36(5) (restrictions on removal). These prohibit the removal of a child in specified circumstances or provide for an order for the return of a child who has been removed.