Version Superseded: 28/09/2009
Point in time view as at 01/04/1997. This version of this provision has been superseded.
Adoption (Scotland) Act 1978, Section 51 is up to date with all changes known to be in force on or before 09 March 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.
(1)Subject to the provisions of this section [F1and of section 51A(3)], it shall not be lawful to make or give to any person any payment or reward for or in consideration of—
(a)the adoption by that person of a child;
(b)the grant by that person of any agreement or consent required in connection with the adoption of a child;
(c)the transfer by that person of the care and possession of a child with a view to the adoption of the child; or
(d)the making by that person of any arrangements for the adoption of a child.
(2)Any person who makes or gives, or agrees or offers to make or give, any payment or reward prohibited by this section, or who receives or agrees to receive or attempts to obtain any such payment or reward, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding £400 or to both; and [F2without prejudice to any power which the court has to make any other order in relation to the child as respects whom the offence was committed, it may order him] to be removed to a place of safety until he can be restored to his parents or guardian or until other arrangements can be made for him.
(3)This section does not apply to any payment made to an adoption agency by a parent or guardian of a child or by a person who adopts or proposes to adopt a child, being a payment in respect of expenses reasonably incurred by the agency in connection with the adoption of the child, or to any payment or reward authorised by the court to which an application for an adoption order in respect of a child is made.
(4)This section does not apply to—
(a)any payment made by an adoption agency to a person who has applied or proposes to apply to a court for an adoption order or an order under section 49, being a payment of or towards any legal or medical expenses incurred or to be incurred by that person in connection with the application; or
(b)any payment made by an adoption agency to another adoption agency in consideration of the placing of a child in the care and possession of any person with a view to the child’s adoption; or
(c)any payment made by an adoption agency to a voluntary organisation for the time being approved for the purposes of this paragraph by the Secretary of State as a fee for the services of that organisation in putting that adoption agency into contact with another adoption agency with a view to the making of arrangements between the adoption agencies for the adoption of a child.
(5)[F3Subject to section 51B,]if an adoption agency submits to the Secretary of State a scheme for the payment by the agency of allowances to persons who have adopted or intend to adopt a child where arrangements for the adoption were made, or are to be made, by that agency, and the Secretary of State approves the scheme, this section shall not apply to any payment made in accordance with the scheme [F4(including any such payment made by virtue of section 51B)].
(6)The Secretary of State, in the case of a scheme approved by him under subsection (5), may at any time—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)revoke the scheme.
F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
F5(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 51(1) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 24(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F2Words in s. 51(2) substituted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 24(b) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F3Words in s. 51(5) inserted (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 24(c)(i) (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F4Words in s. 51(5) added (1.4.1997) by 1995 c. 36, s. 98(1), Sch. 2 para. 24(c)(ii) (with s. 103(1)); S.I. 1996/3201, art. 3(7)(as amended by S.I. 1997/744, arts. 2, 3)
F5S. 51(6)(a)(7)(9)-(11) repealed (1.4.1997) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 24(d), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F6S. 51(8) repealed by S.I. 1989/194, art. 2 and expressed to be repealed (1.4.1997) by 1995 c. 36, ss. 98(1), 105(5), Sch. 2 para. 24(d), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
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