- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Adoption (Northern Ireland) Order 1987. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
29.—(1) While an application for an adoption order in respect of a child made by the person with whom the child has had his home for the 5 years preceding the application is pending, no person is entitled, against the will of the applicant, to remove the child from the applicant's[F1 home] except with the leave of the court or under authority conferred by any enactment or on the arrest of the child.
(2) Where a person ( “the prospective adopter”) gives notice to the Board[F2 or [F3HSC trust]] within whose area he has his home that he intends to apply for an adoption order in respect of a child who for the preceding 5 years has had his home with the prospective adopter, no person is entitled, against the will of the prospective adopter, to remove the child from the prospective adopter's[F1 home], except with the leave of a court or under authority conferred by any enactment or on the arrest of the child, before—
(a)the prospective adopter applies for the adoption order, or
whichever occurs first.
[F1(2A) In paragraphs (1) and (2) “any enactment” does not include Article 22(2) of the Children (Northern Ireland) Order 1995.]
[F1(3) In any case where paragraph (1) or (2) applies and—
(a)the child was being looked after by a Board or [F3HSC trust] before he began to have his home with the applicant or, as the case may be, the prospective adopter, and
(b)the child is still being looked after by the Board or [F3HSC trust],
the Board or [F3HSC trust] shall not remove him from the home of the applicant or the prospective adopter except in accordance with Article 31 or 32 or with the leave of a court.]
(4) In paragraphs (2) and (3) “a court” means a court with jurisdiction to make adoption orders.
(5) A Board which receives such notice as is mentioned in paragraph (2)in respect of a child whom the Board knows to be[F1 looked after by another Board or an [F3HSC trust] or to be provided with accommodation by a voluntary organisation] shall, not more than 7 days after the receipt of the notice, inform that other Board or[F4 the [F3HSC trust] or] the organisation, in writing, that it has received the notice.
[F2(5A) An [F3HSC trust] which receives such notice as is mentioned in paragraph (2) in respect of a child whom the [F3HSC trust] knows to be[F1 looked after by another [F3HSC trust] or a Board or to be provided with accommodation by a voluntary organisation] shall, not more than 7 days after the receipt of the notice, inform that other [F3HSC trust] or that Board or organisation, in writing, that it has received the notice.]
(6) Paragraph (2) does not apply to any further notice served by the prospective adopter on any Board[F4 or [F3HSC trust]] in respect of the same child during the period referred to in sub-paragraph (b) of that paragraph or within 28 days after its expiry.
(7) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.
(8) The Department may by order made subject to affirmative resolution amend paragraph (1) or (2) to substitute for the period of 5 years mentioned in that paragraph such other period as may be specified in the order.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.