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Adoption and Children Act 2002

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This is the original version (as it was originally enacted).

30General prohibitions on removal
This section has no associated Explanatory Notes

(1)Where—

(a)a child is placed for adoption by an adoption agency under section 19, or

(b)a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption,

a person (other than the agency) must not remove the child from the prospective adopters.

(2)Where—

(a)a child who is not for the time being placed for adoption is being provided with accommodation by a local authority, and

(b)the authority have applied to the court for a placement order and the application has not been disposed of,

only a person who has the court’s leave (or the authority) may remove the child from the accommodation.

(3)Where subsection (2) does not apply, but—

(a)a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency, and

(b)the agency is authorised to place the child for adoption under section 19 or would be so authorised if any consent to placement under that section had not been withdrawn,

a person (other than the agency) must not remove the child from the accommodation.

(4)This section is subject to sections 31 to 33 but those sections do not apply if the child is subject to a care order.

(5)This group of sections (that is, this section and those sections) apply whether or not the child in question is in England and Wales.

(6)This group of sections does not affect the exercise by any local authority or other person of any power conferred by any enactment, other than section 20(8) of the 1989 Act (removal of children from local authority accommodation).

(7)This group of sections does not prevent the removal of a child who is arrested.

(8)A person who removes a child in contravention of this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

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