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Adoption Act 1976
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Changes over time for: Section 31
Version Superseded: 30/12/2005
Alternative versions:
- 01/02/1991- Amendment
- 14/10/1991- Amendment
- 01/06/2003- Amendment
- 01/06/2003
Point in time - 30/12/2005- Amendment
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31 Application of s. 30 where child not placed for adoption.E+W
(1)Where a person gives notice in pursuance of section 22(1) to the local authority within whose area he has his home of his intention to apply for an adoption order in respect of a [F1child—
(a)who is (when the notice is given) being looked after by a local authority; but
(b)who was placed with that person otherwise than in pursuance of such arrangements as are mentioned in section 30(1),
that section shall apply as if the child had been placed in pursuance of such arrangements] that where the application is refused by the court or withdrawn the child need not be returned to the local authority in whose care he is unless that authority so require.
(2)Where notice of intention is given as aforesaid in respect of any child who is [F2(when the notice is given) being looked after by] a local authority then, until the application for an adoption order has been made and disposed of, any right of the local authority to require the child to be returned to them otherwise than in pursuance of section 30 shall be suspended.
(3)While the child [F3has his home with] the person by whom the notice is given no contribution shall be payable (whether under a contribution order or otherwise) in respect of the child by any person liable under [F4Part III of Schedule 2 to the Children Act 1989] to make contributions in respect of him (but without prejudice to the recovery of any sum due at the time the notice is given), unless 12 weeks have elapsed since the giving of the notice without the application being made or the application has been refused by the court or withdrawn.
[F5(4)Nothing in this section affects the right of any person who has parental responsibility for a child to remove him under section 20(8) of the Children Act 1989]
Textual Amendments
F1Words in s. 31(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 17(1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2Words in s. 31(2) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 17(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3Words in s. 31(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 17(3)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F4Words in s. 31(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 17(3)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F5S. 31(4) added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 17(4) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
Modifications etc. (not altering text)
C1S. 31 applied (with modifications) (1.6.2003) by The Intercountry Adoption (Hague Convention) Regulations 2003 (S.I. 2003/118), regs. 1(1), 34, Sch. 3 (with reg. 37)
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