Section 23 Restrictions on removal of child looked after by local authorityC1 I1

Scotland

(1)

Subsection (2) applies where—

(a)

section 21(1) or 22(1) applies,

(b)

before the child's home came to be with the prospective adopters, the child was looked after by a local authority, and

(c)

the child continues to be looked after by a local authority.

(2)

Except where subsection (3) applies, the local authority must not remove the child from the care of the prospective adopters.

(3)

This subsection applies if—

(a)

the removal is made in accordance with section 25 or 26,

(b)

an appropriate court grants leave for the removal, F1...

(c)

the removal is authorised by virtue of Chapter F2... 3 of Part II of the 1995 Act F3or

(d)

the removal is authorised by an order or warrant under the Children’s Hearings (Scotland) Act 2011 (asp 1) .

Annotations

F1: Word in s. 23(3) repealed (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(2)(a)
F2: Words in s. 23(3)(c) repealed (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(2)(b)
F3: S. 23(3)(d) and preceding word inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 17(2)(c)

C1: Pt. 1 Ch. 2 applied in part (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 1(1), 9(1)

I1: S. 23 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)