Adoption and Children (Scotland) Act 2007

72 Prohibition of certain payments

(1) This section applies to any payment (other than an excepted payment) which is made to any person for or in consideration of—

(a) the adoption by that person of a child,

(b) the giving by that person of any consent required in connection with the adoption of a child,

(c) the transfer by that person of the care of a child with a view to the adoption of the child, or

(d) the making by that person of any arrangements for the adoption of a child.

(2) Any person who—

(a) makes any payment to which this section applies,

(b) agrees or offers to make any such payment,

(c) receives, or agrees to receive, any such payment, or

(d) attempts to obtain any such payment,

commits an offence.

(3) A person who commits an offence under subsection (2) 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.

(4) Where a person is convicted of an offence under subsection (2), the court may, without prejudice to any power which it has to make any other order in relation to the child as respects whom the offence was committed, order the child to be removed to a place of safety until—

(a) the child can be returned to the child’s parent or guardian, or

(b) other arrangements can be made for the child.

(5) In this section—

• “payment” includes reward,

• “place of safety” has the meaning given by section 93(1) of the 1995 Act.