Commentary on Sections Part 1 – Adoption Chapter 7 - Miscellaneous Section 105: Effect of certain Scottish orders and provisions
257.Section 105 provides in subsection (1) that a Scottish adoption order or an interim adoption order will have the same effect in England and Wales as it has in Scotland. Subsection (2) provides that freeing orders including any revocation or variation to them are to have effect in England and Wales as they do in Scotland. Subsection (3) provides for it to be an offence in England and Wales to contravene the restrictions on removing a child who is living with prospective adopters where the adoption has been agreed or where the person applying for adoption has provided the home (the provisions in sections 28 and 29 of the Adoption (Scotland) Act 1978).
258.Again these offences are to be prosecuted in the magistrates’ court and the maximum penalty, set out in subsection (3), is three months’ imprisonment or a fine not exceeding level 5 on the standard scale, or both.
259.Subsection (4) allows for orders made under section 30 of the Adoption (Scotland) Act 1978 to return or not to remove a child to have effect in England and Wales as if they were orders of the High Court.