Adoption and Children Act 2002 (c. 38)

Part 1 E+W+S Adoption

Chapter 3 E+W+S Placement for adoption and adoption orders

Removal of children in non-agency cases U.K.

40 Other non-agency cases E+W

(1) In any case where sections 37 to 39 do not apply but—

(a) the people concerned have given notice of intention to adopt, or

(b) the people concerned have applied for leave under section 42(6) and the application has not been disposed of,

the following persons may remove the child.

(2) They are—

(a) a person who has the court’s leave,

(b) a local authority or other person in the exercise of a power conferred by any enactment, other than section 20(8) of the 1989 Act.

Modifications etc. (not altering text)

C1 Ss. 36-40 excluded (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 54(1)

Commencement Information

I1 S. 40 in force at 30.12.2005 by S.I. 2005/2213, art. 2(c) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)