y the set date to the local authority. Penalty Liable on summary conviction, to a term of imprisonment not exceeding three months and/or a fine not exceeding level 5 on the standard scale. Return of child in other cases: section 35 Where an adoption agency considers that a child should not remain with the prospective adopter, the agency can give notice to them to return the child. Offence An offence would be committed if the prospective adopter fails to return the child within seven days of receiving notice from the agency. Penalty Liable on summary conviction, to a term of imprisonment not exceeding three months and/or a fine not exceeding level 5 on the standard scale. Restrictions on removal of child in non-agency cases: sections 36-40 A child may only be removed from the home of the persons who have applied for an adoption order, have given notice of their intention to adopt, or have applied for leave to apply for an adoption order, and the applications have not been disposed of, i.e. where removed:  with the court’s leave;  by a local authority (sections 37-40);  by a person with parental responsibility for the child (section 38(5)); or 239  a parent or guardian (section 39(3)). Offence An offence would be committed by a person who does not return a child to a parent or guardian who is entitled to remove that child and has requested their return, or by a person who removes a child and is not authorised to do so under sections 36-40. Penalty Liable on summary conviction, to a term of imprisonment not exceeding three months and/or a fine not exceeding level 5 on the standard scale. Recovery orders: section 41 Section 41 makes provision for what is to happen where a child is removed, or there are reasonable grounds for believing that a person intends to remove a c