(1)If a person contravenes section 92(1), he is guilty of an offence; and, if that person is an adoption society, the person who manages the society is also guilty of the offence.
(2)A person is not guilty of an offence under subsection (1) of taking the step mentioned in paragraph (f) of section 92(2) unless it is proved that he knew or had reason to suspect that the child was handed over to him in contravention of paragraph (e) of that subsection.
(3)A person is not guilty of an offence under subsection (1) of causing a person to take any of the steps mentioned in paragraphs (a) to (h) of section 92(2) unless it is proved that he knew or had reason to suspect that the step taken would contravene the paragraph in question.
(4)But subsections (2) and (3) only apply if sufficient evidence is adduced to raise an issue as to whether the person had the knowledge or reason mentioned.
(5)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or [F1a fine], or both.
Textual Amendments
F1Words in s. 93(5) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 32(2) (with reg. 5(1))
Modifications etc. (not altering text)
C1S. 93 modified (30.12.2005) by The Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005 (S.I. 2005/3222), regs. 1(1), 3-5
Commencement Information
I1S. 93 in force at 30.12.2005 by S.I. 2005/2213, art. 2(g) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)