OpenLegislation

Section 40 Other non-agency casesI1C1

England and Wales

(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.

Annotations

Textual amendments

F1

Words 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

C1

Ss. 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

I1

S. 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)