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Version Superseded: 19/06/1997
Point in time view as at 14/10/1991.
There are currently no known outstanding effects for the Child Abduction Act 1984.
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Section 1(8).
1(1)This paragraph applies in the case of a child who is in the care of a local authority [F1within the meaning of the Children Act 1989]in England or Wales.E+W
(2)Where this paragraph applies, section 1 of this Act shall have effect as if—
(a)the reference in subsection (1) to the appropriate consent were a reference to the consent of the local authority F2 . . . in whose care the child is; and
(b)subsections (3) to (6) were omitted.
Textual Amendments
F1Words In the Schedule para. 1(1) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(2) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2Words in the Schedule para. 1(2)(a)repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
2[F3(1)This paragraph applies in the case of a child who is—
(a)detained in a place of safety under section 16(3) of the Children and Young Persons Act 1969; or
(b)remanded to local authority accommodation under section 23 of that Act.]
(2)Where this paragraph applies, section 1 of this Act shall have effect as if—
(a)the reference in subsection (1) to the appropriate consent were a reference to the leave of any magistrates’ court acting for the area in which the place of safety is; and
(b)subsections (3) to (6) were omitted.
Textual Amendments
F3Sch. 1 para. 2(1)(a)(b) substituted (14.10.1991)by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 40(3) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
3(1)This paragraph applies in the case of a child—E+W
(a)who is the subject of an order under [F4section 18 of the Adoption Act 1976] freeing him for adoption; or
(b)who is the subject of a pending application for such an order; or
(c)who is the subject of a pending application for an adoption order; or
(d)who is the subject of an order under [F5section 55 of the Adoption Act 1976] relating to adoption abroad or of a pending application for such an order; or
F6(e) . . .
(2)Where this paragraph applies, section 1 of this Act shall have effect as if—
(a)the reference in subsection (1) to the appropriate consent were a reference—
(i)in a case within sub-paragraph (1)(a) above, to the consent of the adoption agency which made the application for the [F7section 18 order or, if the section 18 order has been varied under section 21 of that Act so as to give parental responsibility to another agency], to the consent of that other agency;
(ii)in a case within sub-paragraph (1)(b), [F8or (c)] above, to the leave of the court to which the application was made; and
(iii)in a case within sub-paragraph (1)(d) above, to the leave of the court which made the order or, as the case may be, to which the application was made; and
(b)subsections (3) to (6) were omitted.
[F9(3)Sub-paragraph (2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same area as that court]
Textual Amendments
F4Words in Schedule para. 3(1)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(4)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F5Words in the Schedule para. 3(1)(d) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(4)(b)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F6Schedule para.3(1)(e) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with s. 108(6), Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F7Words in Schedule para. 3(2)(a)(i) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(5)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F8Words in Schedule para. 3(2)(a)(ii) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(5)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F9Sch. para. 3(3) added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 40(6) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
4E+WIn the case of a child falling within both paragraph 1 and paragraph 3 above, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1.
[F105In this Schedule—
(a)“adoption agency” and adoption order” have the same meaning as in the Adoption Act 1976; and
(b)area”, in relation to a magistrates’ court, means the petty sessions area (within the meaning of the Justices of the Peace Act 1979) for which the court is appointed.]
Textual Amendments
F10Sch. para. 5 (a)(b) substituted (14.10.1991) for Sch. para. 5 containing (1)-(4) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para.40(7) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
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