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Change 1
As published
38 Local authority foster parents
(1) This section applies if the child’s home is with local authority foster parents.
(2) If—
(a) the child has had his home with the foster parents at all times during the period of five years ending with the removal and the foster parents have given notice of intention to adopt, or
(b) an application has been made for leave under section 42(6) and has not been disposed of,
the following persons may remove the child.
(3) 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 or section 76(5) of the 2014 Act.
(4) If subsection (2) does not apply but—
(a) the child has had his home with the foster parents at all times during the period of one year ending with the removal, and
(b) the foster parents have given notice of intention to adopt,
the following persons may remove the child.
(5) They are—
(a) a person with parental responsibility for the child who is exercising the power in section 20(8) of the 1989 Act or section 76(5) of 2014 Act,
(b) a person who has the court’s leave,
(c) 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 or section 76(5) of the 2014 Act.
Your change, as a redline
38 Local authority foster parents
(1) This section applies if the child’s home is with local authority foster parents.
(2) If—
(a) the child has had his home with the foster parents at all times during the period of five years ending with the removal and the foster parents have given notice of intention to adopt, or
(b) an application has been made for leave under section 42(6) and has not been disposed of,
the following persons may remove the child.
(3) 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 or section 76(5) of the 2014 Act.
(4) If subsection (2) does not apply but—
(a) the child has had his home with the foster parents at all times during the period of one year ending with the removal, and
(b) the foster parents have given notice of intention to adopt,
the following persons may remove the child.
(5) They are—
(a) a person with parental responsibility for the child who is exercising the power in section 20(8) of the 1989 Act or section 76(5) of 2014 Act,
(b) a person who has the court’s leave,
(c) 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 or section 76(5) of the 2014 Act.
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