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Version Superseded: 24/06/2013
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Adoption and Children (Scotland) Act 2007, Section 23 is up to date with all changes known to be in force on or before 09 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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, or
(c)the removal is authorised by virtue of Chapter 2 or 3 of Part II of the 1995 Act.
Modifications etc. (not altering text)
C1Pt. 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)
Commencement Information
I1S. 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)
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