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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 301 People whose consent is required

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 301

People whose consent is required

(1)     For paragraph 300 (1) (d), consent to a transfer under this Division is required from—

        (a)     in relation to the proposed transfer of a young person of or over the school-leaving age—the young person; and

        (b)     each person with parental responsibility for the child or young person; and

        (c)     each person who has a contact order in relation to the child or young person in his or her favour; and

        (d)     each person not included in paragraph (a) or (b) who has a residence order in relation to the child or young person in his or her favour.

(2)     If the child or young person lives in a State with someone who has a residence order in relation to the child or young person in his or her favour, it is sufficient if each person required to consent consents to the child or young person living in the State and their consent to the transfer is not required.

(3)     If someone with parental responsibility for, or a residence order in relation to, the child or young person lives in, or is intending to live in, the relevant participating State, it is sufficient if each other person with parental responsibility or a residence order in relation to the child or young person consents to the child or young person living in the State and the consent of the person to the transfer is not required.

(4)     However, a person's consent is not required if—

        (a)     the person cannot, after reasonable inquiry, be found; or

        (b)     the person is incapable of consenting.