- Latest available (Revised)
- Point in Time (01/04/2002)
- Original (As enacted)
Version Superseded: 30/12/2005
Point in time view as at 01/04/2002. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Adoption Act 1976, Section 28 is up to date with all changes known to be in force on or before 05 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F1home] 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 local authority 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 [F1home], 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
(b)the period of 3 months from the receipt of the notice by the local authority expires,
whichever occurs first.
[F2(2A)The reference in subsections (1) and (2) to any enactment does not include a reference to section 20(8) of the Children Act 1989]
[F3(3)In any case where subsection (1) or (2) applies and—
(a)the child was being looked after by a local authority 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 a local authority,
the authority which are looking after the child shall not remove him from the home of the applicant or the prospective adopter except in accordance with section 30 or 31 or with the leave of a court.]
(4)In subsections (2) and (3) “a court” means a court with jurisdiction to make adoption orders.
(5)A local authority which [F4receive] such notice as is mentioned in subsection (2) in respect of a child whom the authority know to be [F5looked after by another local authority] shall, not more than 7 days after the receipt of the notice, inform that other authority F6 . . ., in writing, that they have received the notice.
(6)Subsection (2) does not apply to any further notice served by the prospective adopter on any local authority in respect of the same child during the period referred to in paragraph (b) of that subsection or within 28 days after its expiry.
(7)Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding [F7level 5 on the standard scale] or both.
(8)(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(10)The Secretary of State may by order amend subsection (1) or (2) to substitute a different period for the period of 5 years mentioned in that subsection (or the period which, by a previous order under this subsection, was substituted for that period).
Textual Amendments
F1Word in s. 28(1)(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.12(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2S. 28(2A) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 14(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3S. 28(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.14(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F4Word in s. 28(5) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 14(3)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F5Words in s. 28(5) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para.14(3)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F6Words in s. 28(5) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)) ; S.I. 1991/828, art. 3(2)
F7Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F8S. 28(8)(9) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss. 9, 30, Sch. 2 para. 33, Sch. 10 Pt. I
Modifications etc. (not altering text)
C1S. 28: transfer of functions (W) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: