Section 1(8).

SCHEDULEE+W Modifications of Section 1 for Children in Certain Cases

Children in care of local authorities and voluntary organisationsE+W

1(1)This paragraph applies in the case of a child who is in the care of a local authority [F1within the meaning of the Children Act 1989]in England or Wales.E+W

(2)Where this paragraph applies, section 1 of this Act shall have effect as if—

(a)the reference in subsection (1) to the appropriate consent were a reference to the consent of the local authority F2 . . . in whose care the child is; and

(b)subsections (3) to (6) were omitted.

Children in places of safetyE+W

2[F3(1)This paragraph applies in the case of a child who is—E+W

(a)detained in a place of safety under [F4paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000]; or

(b)remanded to local authority accommodation under section 23 of [F5the Children and Young Persons Act 1969].]

(2)Where this paragraph applies, section 1 of this Act shall have effect as if—

(a)the reference in subsection (1) to the appropriate consent were a reference to the leave of any magistrates’ court acting for the area in which the place of safety is; and

(b)subsections (3) to (6) were omitted.

Adoption and custodianshipE+W

3(1)This paragraph applies in the case of a child—E+W

(a)who is the subject of an order under [F6section 18 of the Adoption Act 1976] freeing him for adoption; or

(b)who is the subject of a pending application for such an order; or

(c)who is the subject of a pending application for an adoption order; or

(d)who is the subject of an order under [F7section 55 of the Adoption Act 1976] relating to adoption abroad or of a pending application for such an order; or

F8(e) . . .

(2)Where this paragraph applies, section 1 of this Act shall have effect as if—

(a)the reference in subsection (1) to the appropriate consent were a reference—

(i)in a case within sub-paragraph (1)(a) above, to the consent of the adoption agency which made the application for the [F9section 18 order or, if the section 18 order has been varied under section 21 of that Act so as to give parental responsibility to another agency], to the consent of that other agency;

(ii)in a case within sub-paragraph (1)(b), [F10or (c)] above, to the leave of the court to which the application was made; and

(iii)in a case within sub-paragraph (1)(d) above, to the leave of the court which made the order or, as the case may be, to which the application was made; and

(b)subsections (3) to (6) were omitted.

[F11(3)Sub-paragraph (2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same area as that court]

Cases within paragraphs 1 and 3E+W

4E+WIn the case of a child falling within both paragraph 1 and paragraph 3 above, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1.

InterpretationE+W

[F125E+WIn this Schedule—

(a)“adoption agency” and “adoption order” have the same meaning as in the Adoption Act 1976; and

(b)“area”, in relation to a magistrates’ court, means the petty sessions area F13. . . for which the court is appointed.]