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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.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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