The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019

Meaning of being “responsible” for a child S

4.—(1) An individual is to be regarded as responsible for a child only if at least one of sub-paragraphs (a) to (g) applies—

(a) the child is a dependant of the individual,

(b) the individual is one of the child's parents and—

(i) normally lives with the child,

(ii) is under 20 years of age, and

(iii) is a dependant of another individual,

(c) the child is treated in law as the child of the individual by virtue of an order under section 54 [F1 or section 54A] of the Human Fertilisation and Embryology Act 2008 M1 ,

(d) the child is treated in law as the child of the individual by reason of an adoption either—

(i) effected under the law of Scotland, or

(ii) effected under the law of another country or jurisdiction and recognised by the law of Scotland,

(e) the child is placed with the individual by an adoption agency,

(f) the individual is a guardian of the child appointed by deed, will or by a court,

(g) the individual is a kinship carer for the child.

(2) In paragraph (1)(e), “adoption agency” means—

(a) a local authority acting in its capacity as an adoption service provider under section 1 of the Adoption and Children (Scotland) Act 2007 M2 ,

(b) an adoption service provided as mentioned in paragraph 8(1)(b) of schedule 12 of the Public Services Reform (Scotland) Act 2010 M3 and registered under Part 5 of that Act,

(c) an adoption agency within the meaning of section 2(1) of the Adoption and Children Act 2002 M4 ,

(d) an adoption agency within the meaning of article 3 of the Adoption (Northern Ireland) Order 1987 M5 .

Textual Amendments

F1 Words in reg. 4(1)(c) inserted (14.11.2022) by The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (S.S.I. 2022/336), regs. 1(1), 3(3)

Commencement Information

I1 Reg. 4 in force at 12.8.2019, see reg. 1(2)

Marginal Citations

M1 2008 c.22. Section 54 was amended by paragraph 206 of schedule 11 of the Crime and Courts Act 2013 (c.22), Part 1 of schedule 9 of the Justice Act (Northern Ireland) 2015 (c.9) and S.I. 2018/1413.

M2 2007 asp 4.

M3 2010 asp 8.

M4 2002 c.38.

M5 S.I. 1987/2203 (N.I.22). Article 3 was amended by section 7 of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (c.11), paragraph 1(1)(d) of schedule 6 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c.1), S.I. 1994/429 and S.I. 2003/431.