Case No. UKUT-00197-(IAC)

13. The Act envisages its provisions being implemented by Regulations which may require a person intending to bring, or to cause another to bring, a child into the United Kingdom (a) to apply to an adoption agency (including a Scottish or Northern Irish adoption agency) in the prescribed manner for an assessment of his suitability to adopt the child, and (b) to give the adoption agency any information it may require for the purpose of the assessment. 14. The Regulations may require prescribed conditions to be met. The principal condition with which we are concerned is the condition to produce a certification from the Secretary of State from the Department for Education ( DfE ) or, in Scotland , from the Scottish Ministers. 15. It is a striking feature of the scheme created by these provisions that an individual who does not comply with the requirements to engage an adoption agency for a suitability assessment or with conditions imposed under sub-s. (5) commits a criminal offence punishable summarily or on indictment. 16. It is important to note at this stage that the Home Office in its capacity to regulate the entry of non-nationals in to the UK is not yet involved.