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- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 14/10/1991
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Adoption Act 1976, Section 32 is up to date with all changes known to be in force on or before 03 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where a person gives notice in pursuance of section 22(1) to the local authority within whose area he lives of his intention to apply for an adoption order in respect of a child, the child is for the purposes of this Part a protected child while he has his home with that person.
(2)A child shall be deemed to be a protected child for the purposes of this Part if he is a protected child within the meaning of [F1section 37 of the M1Adoption Act 1958]
[F1(a)section 32 of the Adoption (Scotland) Act 1978; or
(b)Article 33 of the Adoption (Northern Ireland) Order 1987.].
(3)A child is not a protected child by reason of any such notice as is mentioned in subsection (1) while—
[X1(a)he is in the care of any person in any such school, home or institution as is mentioned in [F2section 2(2) of the M2Foster Children Act 1980]]
[F3(a)he is in the care of any person—
(i)in any community home, voluntary home or registered children’s home;
(ii)in any school in which he is receiving full-time education;
(iii)in any health service hospital]; or
[F4(b)he is—
(i)suffering from mental disorder within the meaning of the M3Mental Health Act 1983; and
(ii)resident in a residential care home, within the meaning of Part I of Schedule 4 to the M4Health and Social Services and Social Security Adjudications Act 1983;]
(c)he is liable to be detained or subject to guardianship under [F5the M5Mental Health Act 1983]
[F6(d)he is in the care of any person in any home or institution not specified in this subsection but provided, equipped and maintained by the Secretary of State.]
[F7(3A)In subsection (3) “community home”, “voluntary home”, “registered children’ home”, “school” and “health service hospital” have the same meaning as in the Children Act 1989.]
[X2(4)A protected child ceases to be a protected child—
(a)on the appointment of a guardian for him under the M6Guardianship of Minors Act 1971;
(b)on the notification of the local authority for the area where the child has his home that the application for an adoption order has been withdrawn;
(c)on the making of any of the following orders in respect of the child—
(i)an adoption order;
(ii)an order under section 26;
(iii)a custodianship order;
(iv)an order under section 42, 43 or 44 of the M7Matrimonial Causes Act 1973; or
(d)on his attaining the age of 18 years,
whichever first occurs.]
[F8(4)A protected child ceases to be a protected child—
(a)on the grant or refusal of the application for an adoption order;
(b)on the notification to the local authority for the area where the child has his home that the application for an adoption order has been withdrawn;
(c)in a case where no application is made for an adoption order, on the expiry of the period of two years from the giving of the notice;
(d)on the making of a residence order, a care order or a supervision order under the Children Act 1989 in respect of the child;
(e)on the appointment of a guardian for him under that Act;
(f)on his attaining the age of 18 years; or
(g)on his marriage,
whichever first occurs.
(5)In subsection (4)(d) the references to a care order and a supervision order do not include references to an interim care order or interim supervision order.]
Editorial Information
X1S. 32(3)(a) commencing “he is in the care of any person—” substituted (prosp.) for s. 32(a) commencing “he is not in the care of any such person in any such school” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 18(2) (with Sch. 14 para. 1(1))
X2S. 32(4)(5) commencing “A protected child ceases to be a protected child— (a)on the grant” substituted (prosp.) for s. 32(4) commencing “A protected child ceases to be a protected child— (a)on the appointment” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 18(4) (with Sch. 14 para. 1(1))
Textual Amendments
F1S. 32(2)(a)(b) substituted (prosp.) for words “section 37 of the Adoption Act 1958” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 18(1) (with Sch. 14 para. 1(1))
F2Words substituted by Foster Children Act 1980 (c. 6, SIF 20), s. 23(2), Sch. 2 Pt. I
F3S. 32(3)(a) commencing “he is in the care of any person—” substituted (prosp.) for s. 32(a) commencing “he is not in the care of any such person in any such school” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 18(2) (with Sch. 14 para. 1(1))
F4S. 32(3)(b) substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 29, Sch. 9 Pt. I para. 19
F5Words substituted by virtue of Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 45
F6S. 32(3)(d) added (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 18(2) (with Sch. 14 para. 1(1))
F7S. 32(3A) inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 18(3) (with Sch. 14 para. 1(1))
F8S. 32(4)(5) commencing “A protected child ceases to be a protected child— (a)on the grant” substituted (prosp.) for s. 32(4) commencing “A protected child ceases to be a protected child— (a)on the appointment” by Children Act 1989 (c. 41, SIF 20), ss. 88, 108, Sch. 10 para. 18(4) (with Sch. 14 para. 1(1))
Marginal Citations
M11958 c. 5 (7 & 8 Eliz. 2).(49:11).
M31983 c. 20(85).
M41983 c. 41(113:3).
M51983 c. 20(85).
M71973 c. 18(49:3).
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