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Change 1
As published
34 Placement orders: prohibition on removal
(1) Where a placement order in respect of a child—
(a) is in force, or
(b) has been revoked, but the child has not been returned by the prospective adopters or remains in any accommodation provided by the local authority,
a person (other than the local authority) may not remove the child from the prospective adopters or from accommodation provided by the authority.
(2) A person who removes a child in contravention of subsection (1) is guilty of an offence.
(3) Where a court revoking a placement order in respect of a child determines that the child is not to remain with any former prospective adopters with whom the child is placed, they must return the child to the local authority within the period determined by the court for the purpose; and a person who fails to do so is guilty of an offence.
(4) Where a court revoking a placement order in respect of a child determines that the child is to be returned to a parent or guardian, the local authority must return the child to the parent or guardian as soon as the child is returned to the authority or, where the child is in accommodation provided by the authority, at once.
(5) A person guilty of an offence under this section is 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.
(6) This section does not affect the exercise by any local authority or other person of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act (removal of children from local authority accommodation).
(7) This section does not prevent the removal of a child who is arrested.
(8) This section applies whether or not the child in question is in England and Wales.
Your change, as a redline
34 Placement orders: prohibition on removal
(1) Where a placement order in respect of a child—
(a) is in force, or
(b) has been revoked, but the child has not been returned by the prospective adopters or remains in any accommodation provided by the local authority,
a person (other than the local authority) may not remove the child from the prospective adopters or from accommodation provided by the authority.
(2) A person who removes a child in contravention of subsection (1) is guilty of an offence.
(3) Where a court revoking a placement order in respect of a child determines that the child is not to remain with any former prospective adopters with whom the child is placed, they must return the child to the local authority within the period determined by the court for the purpose; and a person who fails to do so is guilty of an offence.
(4) Where a court revoking a placement order in respect of a child determines that the child is to be returned to a parent or guardian, the local authority must return the child to the parent or guardian as soon as the child is returned to the authority or, where the child is in accommodation provided by the authority, at once.
(5) A person guilty of an offence under this section is 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.
(6) This section does not affect the exercise by any local authority or other person of a power conferred by any enactment, other than section 20(8) of the 1989 Act or section 76(5) of the 2014 Act (removal of children from local authority accommodation).
(7) This section does not prevent the removal of a child who is arrested.
(8) This section applies whether or not the child in question is in England and Wales.
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