For the purposes of paragraph (2) a child is in the care of an adoption agency if the adoption agency is a Board or F3HSC trust and he is in its care.

Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

While an application for an adoption order in respect of a child made by the person with whom the child has had his home for the 5 years preceding the application is pending, no person is entitled, against the will of the applicant, to remove the child from the applicant'sF4 home except with the leave of the court or under authority conferred by any enactment or on the arrest of the child.

In paragraphs (1) and (2) “any enactment” does not include Article 22(2) of the Children (Northern Ireland) Order 1995.

In paragraphs (2) and (3) “a court” means a court with jurisdiction to make adoption orders.

A Board which receives such notice as is mentioned in paragraph (2)in respect of a child whom the Board knows to beF4 looked after by another Board or an F6HSC trust or to be provided with accommodation by a voluntary organisation shall, not more than 7 days after the receipt of the notice, inform that other Board orF7 the F6HSC trust or the organisation, in writing, that it has received the notice.

An F6HSC trust which receives such notice as is mentioned in paragraph (2) in respect of a child whom the F6HSC trust knows to beF4 looked after by another F6HSC trust or a Board or to be provided with accommodation by a voluntary organisation shall, not more than 7 days after the receipt of the notice, inform that other F6HSC trust or that Board or organisation, in writing, that it has received the notice.

Paragraph (2) does not apply to any further notice served by the prospective adopter on any BoardF7 or F6HSC trust in respect of the same child during the period referred to in sub-paragraph (b) of that paragraph or within 28 days after its expiry.

Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

The Department may by order made subject to affirmative resolution amend paragraph (1) or (2) to substitute for the period of 5 years mentioned in that paragraph such other period as may be specified in the order.

If, in the case of an order made by the High Court under paragraph (1), the High Court or, in the case of an order made by a county court under paragraph (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising a constable to search such premises as may be specified in the order for the child and, if a constable acting in pursuance of the order finds the child, to return the child to the applicant.

If a justice of the peace is satisfied by complaint on oath that there are reasonable grounds for believing that a child to whom an order under paragraph (1) relates is in premises specified in the complaint, he may issue a search warrant authorising a constable to search the premises for the child, and if a constable acting in pursuance of the warrant finds the child, he shall return the child to the person on whose application the order under paragraph (1) was made.

An order under paragraph (3) may be enforced in like manner as a warrant of commitment.

A notice under paragraph (1)(b) shall not be served in respect of a child in relation to whom an application has been made for an adoption order except with the leave of the court to which the application has been made.

Where a notice is served on an adoption agency by any person or by an adoption agency on any person under paragraph (1), or where an application for an adoption order made by any person in respect of a child placedF12 with him by an adoption agency is refused by the court or withdrawn, that person shall, within 7 days after the date on which notice was served or the application refused or withdrawn, as the case may be, cause the child to be returned to the agency, who shall receive the child.

Where the period specified in an interim order made under Article 26 (whether as originally made or as extended under paragraph (2) of that Article) expires without an adoption order having been made in respect of the child, paragraph (3) shall apply as if the application for an adoption order upon which the interim order was made, had been refused at the expiration of that period.

It shall be sufficient compliance with the requirements of paragraph (3) if the child is delivered to, and is received by, a suitable person nominated for the purpose by the adoption agency.

Where an application for an adoption order is refused the court may, if it thinks fit at any time before the expiry of the period of 7 days mentioned in paragraph (3), order that period to be extended to a duration, not exceeding 6 weeks, specified in the order.

Any person who contravenes the provisions of this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both; and the court by which the offender is convicted may order the child in respect of whom the offence is committed to be returned to his parent or guardian or to the adoption agency which made the arrangements referred to in paragraph (1).

Where notice of intention is served as described in paragraph (1) in respect of any child who is (when the notice is given) being looked after by a Board or F15HSC trust then, until the application for an adoption order has been made and disposed of, any right of the Board or F15HSC trust to require the child to be returned to it otherwise than in pursuance of Article 31 shall be suspended.

While the child has his home with the person by whom the notice is served no contribution shall be payable (whether under a contribution order or otherwise) in respect of the child by any person liable under Articles 38 to 43 of the Children (Northern Ireland) Order 1995 to make contributions in respect of him (but without prejudice to the recovery of any sum due at the time the notice is served), unless 12 weeks have elapsed since the service of the notice without the application being made or the application has been refused by the court or withdrawn.

Nothing in this Article affects the right of any person who has parental responsibility for a child to remove him under Article 22(2) of the Children (Northern Ireland) Order 1995.

Where a person gives notice in pursuance of Article 22(1) to the BoardF16 or F17HSC trust 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.

Paragraph (2)(a) shall be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995 (interpretation).

In paragraph (3)(d) the references to a care order and a supervision order do not include references to an interim care order or interim supervision order.

Every BoardF23 or F24HSC trust shall secure that protected children within its area are visited from time to time by officers of the BoardF23 or F24HSC trust, who shall satisfy themselves as to the well-being of the children and give such advice as to their care and maintenance as may appear to be needed.

Any officer of a BoardF23 or F24HSC trust authorised to visit protected children may, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, inspect any premises in the area of the BoardF23 or F24HSC trust in which such children are to be or are being kept.

If a protected child dies, the personF25 with whom he had his home at his death shall within 48 hours serve notice of the child's death on the BoardF26 or F27HSC trust .

A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months or to both.

A person who maintains a protected child shall be deemed for the purposes of the Life Assurance Act 1774F30 as extended by the Life Insurance (Ireland) Act 1866F31 to have no interest in the life of the child.