Adoption and Children (Scotland) Act 2007

21 Restrictions on removal: notice of intention to adopt given

(1) Subsection (2) applies where—

(a) persons (“prospective adopters”) give notice under section 18(2) in relation to a child, and

(b) during the period of 5 years immediately preceding the giving of notice, the child’s home has been with the prospective adopters.

(2) Except where subsection (3) applies, a person may not remove the child from the care of the prospective adopters during the period beginning with the giving of notice and ending with the relevant act.

(3) This subsection applies if—

(a) the prospective adopters consent to the removal,

(b) a court having jurisdiction to make adoption orders grants leave for the removal,

(c) the child is arrested, or

(d) the removal is authorised by virtue of any enactment.

(4) For the purposes of subsection (2), “relevant act” means—

(a) where before the expiry of the 3 month period the prospective adopters apply for an adoption order in relation to the child to whom the notice relates, the making of the application for the adoption order,

(b) where the prospective adopters do not apply for an adoption order before the expiry of that period, the expiry of that period.

(5) In this section, “3 month period” means the period of 3 months beginning with the day on which the local authority receives the notice.

(6) If during—

(a) the 3 month period, or

(b) the period of 28 days beginning with the expiry of the 3 month period,

the prospective adopters give a further notice under section 18(2) to a local authority in respect of the same child, subsection (2) does not apply.

(7) 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.