Adoption and Children Act 2002, Section 40 is up to date with all changes known to be in force on or before 01 March 2025. 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.
(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 [F1or section 76(5) of the 2014 Act].
Textual Amendments
F1Words in s. 40(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 196
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. 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)
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