SCHEDULE 1Application and modification of the 2002 Act in respect of parental orders and applications for such orders

I14

1

Section 36(1), (4), (6) and (7) (restrictions on removal) is modified as follows.

2

Where an application for a parental order is made under section 54 of the 2008 Act (parental orders: two applicants), subsection (1) is to be read as if—

a

the words from “(“the people concerned”)” to “people concerned” were omitted;

b

for paragraph (a) there were substituted—

a

who have applied for a parental order under section 54 of the 2008 Act in respect of the child and the application has not been disposed of

c

paragraphs (b) and (c) were omitted; and

d

for the words from “group of sections” to “Northern Irish adoption agency” there were substituted “section and section 37 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”.

3

Where an application for a parental order is made under section 54A of the 2008 Act (parental orders: one applicant), subsection (1) is to be read as if there were substituted—

1

At any time when a child’s home is with a person who has applied for a parental order under section 54A of the 2008 Act in respect of the child, and the application has not been disposed of, a person may remove the child only in accordance with the provisions of this section and section 37 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations).

4

Subsection (4) has effect as if for “This section” there were substituted “In the case of an application for a parental order made under section 54(11) or 54A(11) of the 2008 Act, this section”.

5

Subsection (6) has effect as if—

a

paragraph (a) were omitted; and

b

in paragraph (b), after “this section,” there were inserted “(as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations)”.

6

Subsection (7) has effect as if for “This group of sections applies” there were substituted “This section and section 37 (as applied with modifications by regulation 2 of and Schedule 1 to the Parental Order Regulations) apply”.