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67.28.—(1) An application under section 29 of the Act of 1978(1) (order to return a child to, or not to remove a child from, the care of the applicant) shall be made–
(a)in relation to a breach of section 27(1) or 28(1) of that Act(2) (restrictions on removal of child where application for adoption order pending), by note in the process of the petition for an adoption order or a section 49 order to which it relates; or
(b)in relation to a breach of section 28(3) (restriction on removal where child was or is in care of the local authority) of that Act, by petition.
(2) An application for leave–
(a)under section 27(1) or 28 of the Act of 1978 (leave to remove a child) shall be made by note in the process of the petition for an adoption order or a section 49 order to which it relates;
(b)under section 30(2) of that Act (leave to adoption agency to give notice of intention to remove child) shall be made by note in the process of the petition for an adoption order or the application for a section 49 order to which it relates.
(3) Subject to paragraph (4), rule 67.2 (disapplication of certain rules to this Chapter) shall not apply to an application mentioned in paragraph (1) or (2) of this rule.
(4) An application mentioned in paragraph (1) or (2) shall not be intimated on the walls of the court or advertised.
Commencement Information
I1Sch. 2 rule 67.28 in force at 5.9.1994, see para. 1(1)
Section 29 of the Act of 1978 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2, paragraphs 43 and 44 and by the Children Act 1989 (c. 41), Schedule 10, paragraph 39.
Sections 27(1) and 28(1) of the Act of 1978 were amended by the said Act of 1983, Schedule 2, paragraph 43.
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