Foster Children (Scotland) Act 1984

Extension of provisions of the Act to other childrenS

16 Extension of Act to certain school children during holidays.S

(1)Where a child below the upper limit of the compulsory school age resides during school holidays in a school to which this section applies, then, if he so resides for a period exceeding one month, the provisions of this Act shall apply in relation to him as if section 2(2)(c) were omitted, but subject to the modifications specified in subsection (2).

(2)Where this Act applies to a child by virtue of subsection (1)—

(a)subsections (1) to (4) of section 5, sections 6, 9 and 10 and section 17 shall not apply ; but

(b)the person undertaking the care and maintenance of children in the school during the school holidays shall, not less than 2 weeks before this Act first applies to a child in that school during those holidays, give written notice to the local authority that children to whom this Act applies will reside in the school during those holidays, and any such notice shall state the estimated number of the children.

(3)A local authority may exempt any person from the duty of giving notice under this section; and any such exemption may be granted for a specified period or indefinitely, and may be revoked at any time by notice in writing given to that person.

(4)This section applies to any school within the meaning of the M1Education (Scotland) Act 1980 which is not a school maintained by an education authority.

Marginal Citations

17 Extension of Act to certain children above compulsory school age.S

Where a child is a foster child on attaining the upper limit of the compulsory school age, this Act shall apply in relation to him as it applies in relation to a foster child, until

(a)he would, apart from that limit have ceased to be a foster child, or

(b)he reaches the age of 18, or

(c)he lives elsewhere than with the person with whom he was living when he attained the said limit,

whichever first occurs.