Child Abduction Act 1984

Section 1(8).

SCHEDULE E+W Modifications of Section 1 for Children in Certain Cases

Children in care of local authorities and voluntary organisations E+W

1 (1) This paragraph applies in the case of a child who is in the care of a local authority [F1 within the meaning of the Children Act 1989]in England or Wales. E+W

(2) Where this paragraph applies, section 1 of this Act shall have effect as if—

(a) the reference in subsection (1) to the appropriate consent were a reference to the consent of the local authority F2 . . . in whose care the child is; and

(b) subsections (3) to (6) were omitted.

Annotations:

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.

Amendments (Textual)

F1 Words In the Schedule para. 1(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F2 Words in the Schedule para. 1(2)(a)repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Children in places of safety E+W

2 [F3 (1) This paragraph applies in the case of a child who is— E+W

(a) detained in a place of safety under [F4 paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000]; or

(b) remanded to local authority accommodation under section 23 of [F5 the Children and Young Persons Act 1969].]

(2) Where this paragraph applies, section 1 of this Act shall have effect as if—

(a) the reference in subsection (1) to the appropriate consent were a reference to the leave of any magistrates’ court acting for the area in which the place of safety is; and

(b) subsections (3) to (6) were omitted.

Annotations:

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.

Amendments (Textual)

F3 Sch. 1 para. 2(1)(a)(b) substituted (14.10.1991)by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 40(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F4 Words in Sch. para. 2(1)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 93(a)

F5 Words in Sch. para. 2(1)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 93(b)

Adoption and custodianship E+W

3 (1) This paragraph applies in the case of a child— E+W

(a) who is the subject of an order under [F6 section 18 of the Adoption Act 1976] freeing him for adoption; or

(b) who is the subject of a pending application for such an order; or

(c) who is the subject of a pending application for an adoption order; or

(d) who is the subject of an order under [F7 section 55 of the Adoption Act 1976] relating to adoption abroad or of a pending application for such an order; or

F8 (e) . . .

(2) Where this paragraph applies, section 1 of this Act shall have effect as if—

(a) the reference in subsection (1) to the appropriate consent were a reference—

(i) in a case within sub-paragraph (1)(a) above, to the consent of the adoption agency which made the application for the [F9 section 18 order or, if the section 18 order has been varied under section 21 of that Act so as to give parental responsibility to another agency], to the consent of that other agency;

(ii) in a case within sub-paragraph (1)(b), [F10 or (c)] above, to the leave of the court to which the application was made; and

(iii) in a case within sub-paragraph (1)(d) above, to the leave of the court which made the order or, as the case may be, to which the application was made; and

(b) subsections (3) to (6) were omitted.

[F11 (3) Sub-paragraph (2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same area as that court]

Annotations:

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.

Amendments (Textual)

F6 Words in Schedule para. 3(1)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(4)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F7 Words in the Schedule para. 3(1)(d) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(4)(b)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F8 Schedule para.3(1)(e) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F9 Words in Schedule para. 3(2)(a)(i) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(5)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F10 Words in Schedule para. 3(2)(a)(ii) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(5)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F11 Sch. para. 3(3) added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 40(6) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

Cases within paragraphs 1 and 3 E+W

4 In the case of a child falling within both paragraph 1 and paragraph 3 above, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1. E+W

Interpretation E+W

[F12 5 In this Schedule— E+W

(a) “adoption agency” and “adoption order” have the same meaning as in the Adoption Act 1976; and

(b) “area”, in relation to a magistrates’ court, means the petty sessions area F13 . . . for which the court is appointed.]

Annotations:

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.

Amendments (Textual)

F12 Sch. para. 5 (a)(b) substituted (14.10.1991) for Sch. para. 5 containing (1)-(4) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(7) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F13 Words in Sch. para. 5(b) repealed (27.9.1999) by 1999 c. 22, ss. 106, 180(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9))