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Adoption and Children Act 2002

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This is the original version (as it was originally enacted).

29Further consequences of placement orders
This section has no associated Explanatory Notes

(1)Where a placement order is made in respect of a child and either—

(a)the child is subject to a care order, or

(b)the court at the same time makes a care order in respect of the child,

the care order does not have effect at any time when the placement order is in force.

(2)On the making of a placement order in respect of a child, any order mentioned in section 8(1) of the 1989 Act, and any supervision order in respect of the child, ceases to have effect.

(3)Where a placement order is in force—

(a)no prohibited steps order, residence order or specific issue order, and

(b)no supervision order or child assessment order,

may be made in respect of the child.

(4)Subsection (3)(a) does not apply in respect of a residence order if—

(a)an application for an adoption order has been made in respect of the child, and

(b)the residence order is applied for by a parent or guardian who has obtained the court’s leave under subsection (3) or (5) of section 47 or by any other person who has obtained the court’s leave under this subsection.

(5)Where a placement order is in force, no special guardianship order may be made in respect of the child unless—

(a)an application has been made for an adoption order, and

(b)the person applying for the special guardianship order has obtained the court’s leave under this subsection or, if he is a guardian of the child, has obtained the court’s leave under section 47(5).

(6)Section 14A(7) of the 1989 Act applies in respect of an application for a special guardianship order for which leave has been given as mentioned in subsection (5)(b) with the omission of the words “the beginning of the period of three months ending with”.

(7)Where a placement order is in force—

(a)section 14C(1)(b) of the 1989 Act (special guardianship: parental responsibility) has effect subject to any determination under section 25(4) of this Act,

(b)section 14C(3) and (4) of the 1989 Act (special guardianship: removal of child from UK etc.) does not apply.

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