- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (22/04/2014)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 13/05/2014
Point in time view as at 22/04/2014.
Adoption and Children Act 2002, Cross Heading: Removal of children in non-agency cases is up to date with all changes known to be in force on or before 01 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)At any time when a child’s home is with any persons (“the people concerned”) with whom the child is not placed by an adoption agency, but the people concerned—
(a)have applied for an adoption order in respect of the child and the application has not been disposed of,
(b)have given notice of intention to adopt, or
(c)have applied for leave to apply for an adoption order under section 42(6) and the application has not been disposed of,
a person may remove the child only in accordance with the provisions of this group of sections (that is, this section and sections 37 to 40).
The reference to a child placed by an adoption agency includes a child placed by a Scottish or Northern Irish adoption agency.
(2)For the purposes of this group of sections, a notice of intention to adopt is to be disregarded if—
(a)the period of four months beginning with the giving of the notice has expired without the people concerned applying for an adoption order, or
(b)the notice is a second or subsequent notice of intention to adopt and was given during the period of five months beginning with the giving of the preceding notice.
(3)For the purposes of this group of sections, if the people concerned apply for leave to apply for an adoption order under section 42(6) and the leave is granted, the application for leave is not to be treated as disposed of until the period of three days beginning with the granting of the leave has expired.
(4)This section does not prevent the removal of a child who is arrested.
(5)Where a parent or guardian may remove a child from the people concerned in accordance with the provisions of this group of sections, the people concerned must at the request of the parent or guardian return the child to the parent or guardian at once.
(6)A person who—
(a)fails to comply with subsection (5), or
(b)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.
(7)This group of sections applies whether or not the child in question is in England and Wales.
Modifications etc. (not altering text)
C1S. 36 applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 52, 54(2)(a)
C2Ss. 36-40 excluded (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 54(1)
C3S. 36(1) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 2, Sch. 1
C4S. 36(2) excluded (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 6(b)
C5S. 36(4) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 2, Sch. 1
C6S. 36(5) excluded (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 6(b)
C7S. 36(6)(7) applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 2, Sch. 1
Commencement Information
I1S. 36 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)
If section 36(1)(a) applies, the following persons may remove the child—
(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)
C2Ss. 36-40 excluded (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 54(1)
C8S. 37 applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 2, Sch. 1
Commencement Information
I2S. 37 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)
(1)This section applies if the child’s home is with local authority foster parents.
(2)If—
(a)the child has had his home with the foster parents at all times during the period of five years ending with the removal and the foster parents have given notice of intention to adopt, or
(b)an application has been made for leave under section 42(6) and has not been disposed of,
the following persons may remove the child.
(3)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.
(4)If subsection (2) does not apply but—
(a)the child has had his home with the foster parents at all times during the period of one year ending with the removal, and
(b)the foster parents have given notice of intention to adopt,
the following persons may remove the child.
(5)They are—
(a)a person with parental responsibility for the child who is exercising the power in section 20(8) of the 1989 Act,
(b)a person who has the court’s leave,
(c)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)
C2Ss. 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
I3S. 38 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)
(1)This section applies if a child’s home is with a partner of a parent and the partner has given notice of intention to adopt.
(2)If the child’s home has been with the partner for not less than three years (whether continuous or not) during the period of five years ending with the removal, the following persons may remove the child—
(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.
(3)If subsection (2) does not apply, the following persons may remove the child—
(a)a parent or guardian,
(b)a person who has the court’s leave,
(c)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)
C2Ss. 36-40 excluded (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 54(1)
C9S. 39 applied (with modifications) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 52, 54(2)(b)
C10S. 39(3)(a) excluded (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 6(b)
Commencement Information
I4S. 39 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)
(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)
C2Ss. 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
I5S. 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)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys