(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)
C1Ss. 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
I1S. 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)