Commentary on Sections Part 1 - Adoption Chapter 7 - Miscellaneous Section 100: Excepted payments
Section 100 provides that payments may be excepted in certain circumstances. The intention is to allow payments to be made for reasonable expenses, such as legal and medical expenses in relation to an adoption, payments to an adoption agency for expenses incurred for arranging for the adoption of a child whose country of origin is outside the United Kingdom, or for reasonably incurred travel and accommodation expenses where a child is being taken out of the United Kingdom for the purpose of adoption as permitted by section 84(2).
Subsection (1) provides that a payment is an excepted payment if it is made in compliance with a provision under this Act, the Adoption and Children (Scotland) Act 2007 or the Adoption and Children Act 2002. The payment of reasonable expenses incurred in connection with an adoption, proposed or actual, to an adoption agency is excepted by subsection (2) if it is made by a parent or guardian of a child, or by a person who adopts or proposes to adopt a child. Subsection (3) provides that a payment for legal or medical expenses is an excepted payment if it is incurred by a person in respect of an application to a court for an adoption order, a placement order, or an order under section 23 (Contact), section 49 (Post-adoption contact) or section 83 (Giving parental responsibility prior to adoption abroad). Subsection (4) provides that a payment made where a child is removed from the United Kingdom for the purpose of adoption is an excepted payment if the condition in section 84(2) is met, and the payment is made for reasonably incurred travel and accommodation expenses.