Foster Children (Scotland) Act 1984

Miscellaneous and supplementary S

18 Avoidance of insurances on lives of foster children. S

A person who maintains a foster child for reward shall be deemed for the purposes of the M1 Life Assurance Act 1774 to have no interest in the life of the child.

Marginal Citations

M1 1774 c. 48.

19 Service of notices by post. S

Any notice or information required to be given under this Act may be given by post.

20 Regulations S

Any power to make regulations conferred on the Secretary of State by this Act shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

21 Interpretation. S

(1) In this Act—

• “child” means a person under the age of 18;

• “compulsory school age” means school age within the meaning of the M2 Education (Scotland) Act 1980;

• “local authority”means the council of a region or islands area;

• “local authority in England or Wales” means the Council of a non-metropolitan county, metropolitan district or London borough, or the Common Council of the City of London;

• “place of safety” means any residential or other establishment provided by a local authority, a police station, or any hospital, surgery or other suitable place, the occupier of which is willing temporarily to receive a child;

• “relative” in relation to a child, means a grandparent, brother, sister, uncle or aunt whether of the full blood or half blood or by affinity and includes, where the child is illegitimate, the father of the child and any person who would be a relative within the meaning of this definition if the child were the legitimate child of his father and mother;

• “residential establishment” means an establishment managed by a local authority, voluntary organisation or any other person which provides residential accommodation for the purposes of the M3 Social Work (Scotland) Act 1968 whether for reward or not;

• “supervision requirement” means a requirement made by a children’s hearing which has decided that child is in need of compulsory measures of care requiring him—

(a) to submit to supervision in accordance with such conditions as they may impose; or

(b) to reside in a residential establishment named in the requirement and be subject to such conditions as they may impose;

“voluntary organisation” means a body the activities of which are carried on otherwise than for profit.

(2) In this Act, except insofar as the context otherwise requires,—

(a) any reference to a numbered section or Schedule is a reference to the section of, or the Schedule to, this Act so numbered;

(b) a reference in a section to a numbered subsection is a reference to the subsections of that section so numbered;

(c) a reference in a section, subsection or Schedule to a numbered or lettered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered or lettered.

Marginal Citations

M2 1980 c. 44.

M3 1968 c. 49.

22 Transitional provisions, consequential amendments and repeals. S

(1) This Act shall have effect subject to the transitional provisions set out in Schedule 1 to this Act.

(2) The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.

(3) The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(4) The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 16 or 17 of the M4 Interpretation Act 1978 (which relate to the effect of repeals).

Marginal Citations

M4 1978 c. 70.

23 Citation S

(1) This Act may be cited as the Foster Children (Scotland) Act 1984.

(2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3) This Act (except paragraph 8 of Schedule 2) extends to Scotland only.