Section 98 Restriction on reportsI1

A person who is not within a prescribed description may not, in any prescribed circumstances, prepare a report for any person about the suitability of a child for adoption or of a person to adopt a child or about the adoption, or placement for adoption, of a child.

If a person (“P”)—

P is guilty of an offence.

If a person who works for an appropriate voluntary organisation—

the person who manages the appropriate voluntary organisation is also guilty of the offence.

A person (“P”) is not guilty of an offence under subsection (2)(b) unless it is proved that P knew or had reason to suspect that the report would be, or had been, prepared in contravention of subsection (1); but this subsection only applies if sufficient evidence is adduced to raise an issue as to whether P had the knowledge or reason mentioned.

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.