The Scottish Government

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ANNEX A: RELEVANT SECTIONS OF THE 2007 ACT

1. Section 62 of the 2007 Act enables Scottish Ministers, where they have determined that because of practices taking place in a country outwith the UK it would be contrary to public policy to further the bringing of children into the UK, to declare, by order, that 'special restrictions are to apply in the cases outlined in section 62(2), from a country or territory outside the British Islands (the "relevant country") due to practices taking place in that country or territory. Section 62(2) specifies the two cases under which a child should not be brought into the country where this section would apply. The first is where a British resident wishes to bring into the United Kingdom for the purpose of adoption a child who is not a British resident and there have been, or would have to be, proceedings or dealings with authorities or agencies in the relevant country concerning the proposed adoption. The second case is where within the last 12 months a British resident has adopted a child in a relevant country and wishes to bring that child into the United Kingdom.
2. Section 62(3) allows the Scottish Ministers to declare by order that special restrictions are to apply for the time being to any relevant country in relation to the bringing in of children in the cases mentioned in section 62(2). Scottish Ministers will be able to apply restrictions to the bringing of children into the United Kingdom from outwith the British Islands who are adopted under the law of that country, or are brought into the United Kingdom for the purposes of adoption. Scottish Ministers must also publish the reasons for making the declaration and a list of the restricted countries (the "restricted list"). Sections 62(5) and (6) require the list to be kept up to date and for it to be published in such a way as the Scottish Ministers consider appropriate for bringing it, and the reasons for the declaration, to the attention of adoption agencies and the public. Section 63(1) requires Scottish Ministers to keep the restricted list under review and to revoke the order made under section 62 if satisfied that there is no longer reason to believe that it would be contrary to public policy to further the bringing of children into the UK from a restricted country.
3. Section 63 requires Scottish Ministers to keep the restricted list under review and to revoke the order made under section 62(3) if satisfied that there is no longer reason to believe that it would be contrary to public policy to further the bringing of children into the UK from a restricted country.
4. Section 64 makes provision for the special restrictions mentioned in section 62(3) of the Act. These restrictions are that the Scottish Ministers should take no further action in connection with bringing a child from outwith the British Islands into the United Kingdom who was adopted under the law of the relevant country, or is to be brought into the United Kingdom for the purposes of adoption. Section 64(2), however, allows for action to be taken by the Scottish Ministers if the prospective adopter satisfies them that they should take this action despite the special restrictions and section 64(3) allows the Scottish Ministers to make regulations that provide for the procedure to be followed to determine whether further steps should be taken despite the special restrictions, and for matters which should be taken into account when making such a determination.
5. Section 65(1)(a) allows regulations to be made by Scottish Minister to set out additional steps agreed between the United Kingdom and a restricted country that the Scottish Ministers normally take in connection with bringing a child from the restricted country into the United Kingdom, and are not otherwise provided for by any enactment, to be specified in the restricted list in relation to that country. Section 65(1)(b) states that, where a step has been specified under section 65(1)(a), one or more conditions set out in the regulations must to be met in connection with a British resident bringing a child from the relevant restricted country into the United Kingdom in either of the cases specified in section 62(2).
6. Section 65(2) clarifies that such conditions are in addition to any conditions provided for by section 58 of the 2007 Act or any other enactment. Section 65(3) makes it an offence for any person to bring, or cause to bring, a child into the United Kingdom for the purposes of adoption if they have not met any condition which they are required to meet in terms of regulations made under subsection (1)(b). Section 65(4) states that, if the step specified in the regulations had already been taken before the publication of the restricted list, no offence is committed in terms of section 65(3).
7. Section 65(5) prescribes the penalties for an offence made under section 65(3) being, on summary conviction a maximum of 6 months imprisonment or a fine up to the statutory maximum or both and on conviction on indictment imprisonment for a term not exceeding 12 months or a fine or both.

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