# The Adoptions with a Foreign Element (Scotland) Regulations 2009, Regulation 30: Withdrawal of child from prospective adopters


(1) Where the relevant local authority is of the opinion that the continued placement of the child is not in the child’s best interests–
(a) the authority must give notice to the prospective adopters of its opinion and request that the child be delivered to the authority; and
(b) subject to paragraph (3), the prospective adopters must, no later than the end of the period of 7 days beginning with the date on which notice was given, deliver the child to the authority.
(2) When giving notice under paragraph (1)(a) the relevant local authority must notify the Central Authority that it has requested the delivery of the child.
(3) Where notice has been given under paragraph (1)(a) but–
(a) an application for a Convention adoption order was made prior to the giving of the notice; and
(b) the application has not been disposed of,
the prospective adopters are not required by virtue of paragraph (1) to deliver the child unless the court so orders.
(4) This regulation does not affect the exercise by any local authority or other person of any power conferred by any enactment or the exercise of any power of arrest.

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Source: https://www.legislation.gov.uk/ssi/2009/182/regulation/30 (the official version)
Page: https://openlegislation.uk/adoptions-with-a-foreign-element-scotland-regulations-2009/regulation-30
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

