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Adoption and Children Act 2002
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Changes to legislation:
Adoption and Children Act 2002, Section 30 is up to date with all changes known to be in force on or before 25 December 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.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 30:
- s. 4A inserted by 2014 c. 6 s. 5
- s. 30 extended (N.I.) by 2022 c. 18 (N.I.) s. 110(2)(3)
30 General prohibitions on removalU.K.
This section has no associated Explanatory Notes
(1)Where—
(a)a child is placed for adoption by an adoption agency under section 19, or
(b)a child is placed for adoption by an adoption agency and either the child is less than six weeks old or the agency has at no time been authorised to place the child for adoption,
a person (other than the agency) must not remove the child from the prospective adopters.
(2)Where—
(a)a child who is not for the time being placed for adoption is being provided with accommodation by a local authority, and
(b)the authority have applied to the court for a placement order and the application has not been disposed of,
only a person who has the court’s leave (or the authority) may remove the child from the accommodation.
(3)Where subsection (2) does not apply, but—
(a)a child who is not for the time being placed for adoption is being provided with accommodation by an adoption agency, and
(b)the agency is authorised to place the child for adoption under section 19 or would be so authorised if any consent to placement under that section had not been withdrawn,
a person (other than the agency) must not remove the child from the accommodation.
(4)This section is subject to sections 31 to 33 but those sections do not apply if the child is subject to a care order.
(5)This group of sections (that is, this section and those sections) apply whether or not the child in question is in England and Wales.
(6)This group of sections does not affect the exercise by any local authority or other person of any power conferred by any enactment, other than section 20(8) of the 1989 Act [F1or section 76(5) of the 2014 Act] (removal of children from local authority accommodation).
(7)This group of sections does not prevent the removal of a child who is arrested.
(8)A person who 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.
Textual Amendments
F1Words in s. 30(6) 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), 191
Commencement Information
I1S. 30 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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