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Regulation 16 Surrender of the child to the relevant HSS trustI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (4), where the child is placed with the prospective adopter or regulation 18 applies and the relevant HSS trust is of the opinion that–

(a)

the continued placement of the child with the prospective adopter is not in the child’s best interests; and

(b)

the child should not remain with the prospective adopter,

the relevant HSS trust must give notice to the prospective adopter of its opinion and require him to surrender the child to it.

(2)

The prospective adopter must, not later than the end of the period of 7 days beginning with the giving of notice, surrender the child to the HSS trust.

(3)

Where the relevant HSS trust gives notice under paragraph (1), it must also give notice to the Central Authority that it has required the prospective adopter to surrender the child to it.

(4)

Where a notice under paragraph (1) is given, but–

(a)

before the notice was given an application for a Convention adoption order was made; and

(b)

the application has not been disposed of,

the prospective adopter is not required by virtue of the notice to surrender the child to the HSS trust unless the court so orders.

(5)

This regulation does not affect the exercise by any HSS trust or other person of any power conferred by any statutory provision or the exercise of any power of arrest.

Annotations

Commencement

I1

Reg. 16 in operation at 1.6.2003, see reg. 1