Section 105: Effect of certain Scottish orders and provisions

Adoption and Children Act 2002 · 2002 c. 38View on legislation.gov.uk

Part 1: Adoption — Chapter 7: Miscellaneous

A Scottish adoption order or an order under section 25 of the Adoption (Scotland) Act 1978 (c. 28) (interim adoption orders) has effect in England and Wales as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

A Scottish permanence order which includes provision granting authority for the child to be adopted has the same effect in England and Wales as it has in Scotland, but as if references to the parental responsibilities and the parental rights in relation to a child were to parental responsibility for the child.

Any person who contravenes any of the provisions of the Adoption and Children (Scotland) Act 2007 mentioned in subsection(3A) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 3months, or a fine not exceeding level5 on the standard scale or both.

The provisions are—

section20 (restrictions on removal: child placed for adoption);
section21 (restrictions on removal: notice of intention to adopt given);
section22 (restrictions on removal: application for adoption order pending).

Orders made under section24 of the Adoption and Children (Scotland) Act 2007 (return of child removed in breach of certain provisions) are to have effect in England and Wales as if they were orders of the High Court under section 41 of this Act.

In this section, “Scottish permanence order” means a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4) (including a deemed permanence order having effect by virtue of article 13(1), 14(2), 17(1) or 19(2) of the Adoption and Children (Scotland) Act 2007 (Commencement No. 4, Transitional and Savings Provisions Order 2009 (S.S.I. 2009/267)).

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