1E+WA child is not a privately fostered child while he is being looked after by a local authority.
Commencement Information
I1Sch. 8 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
2(1)A child is not a privately fostered child while he is in the care of any person—E+W
(a)in premises in which any—
(i)parent of his;
(ii)person who is not a parent of his but who has parental responsibility for him; or
(iii)person who is a relative of his and who has assumed responsibility for his care,
is for the time being living;
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in accommodation provided by or on behalf of any voluntary organisation;
(d)in any school in which he is receiving full-time education;
(e)in any health service hospital;
[F2(f)in any care home or independent hospital]
(g)in any home or institution not specified in this paragraph but provided, equipped and maintained by the Secretary of State.
(2)Sub-paragraph [F3(1)(c)] to (g) does not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the paragraph in question.
Textual Amendments
F1Sch. 8 para. 2(1)(b) repealed (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27)(a), Sch. 6; S.I. 2001/4150, art. 3(3)(a)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d)(g) (with art 3(4)-(10) and transitional provisions in Schs. 1-3)
F2Sch. 8 para. 2(1)(f) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(28); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art 3(4)-(10) and transitional provisions in Schs. 1-3)
F3Words in Sch. 8 para. 2(2) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(27)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art 3(4)-(10) and transitional provisions in Schs. 1-3)
Commencement Information
I2Sch. 8 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
3A child is not a privately fostered child while he is in the care of any person in compliance with—
(a)an order under [F4section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000]; or
(b)a supervision requirement within the meaning of [F5Part II of the Children (Scotland) Act 1995].
Textual Amendments
F4Words in Sch. 8 para. 3(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 132
F5Words in Sch. 8 para. 3(b) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 48(5)(with ss. 90, 103(1)); S.I. 1996/3201, art. 3(7)
Commencement Information
I3Sch. 8 para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
4E+WA child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the M1Mental Health Act 1983.
Commencement Information
I4Sch. 8 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations
5E+WA child is not a privately fostered child while [F6he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of—
(a)section 2 of the Adoption and Children Act 2002;
(b)section 1 of the Adoption (Scotland) Act 1978; or
(c)Article 3 of the Adoption (Northern Ireland) Order 1987]
[F7or while he is a child in respect of whom a local authority have functions by virtue of regulations under section 83(6)(b) of the Adoption and Children Act 2002 (which relates to children brought into the United Kingdom for adoption), or corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations to give effect to Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).]
Textual Amendments
F6Sch. 8 para. 5(a)-(c) and preceding words substituted (30.12.2005) for Sch. 8 para. 5(a)(b) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 73 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
F7Words in Sch. 8 para. 5 inserted (2.8.2007) by Children and Adoption Act 2006 (c. 20), ss. 14(3), 17; S.I. 2007/2287, art. 2(1)(c)
Modifications etc. (not altering text)
C1Sch. 8 para. 5 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), reg. 5, Sch. 4 (with Sch. 1)
Commencement Information
I5Sch. 8 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)