(1)A child is not a foster child while he is in the care of a local authority or a voluntary organisation or is boarded out by an education authority.
(2)A child is not a foster child while he is in the care of any person—
(a)in premises in which any parent, adult relative or guardian of his is for the time being residing;
(b)in any residential establishment;
(c)in any school within the meaning of the M1Education (Scotland) Act 1980;
(d)in any hospital or in any nursing home registered or exempted from registration under the M2Nursing Homes Registration (Scotland) Act 1938;
(e)in any home or institution not specified in this section but maintained by a public or local authority; or
[F1(f)if he has been in that person’s care for a period of less than 28 days and that person does not intend to undertake his care for any longer period.]
(3)A child is not a foster child while he is in the care of any person in compliance with a supervision order within the meaning of the M3Children and Young Persons Act 1969 or a supervision requirement within the meaning of the M4Social Work (Scotland) Act 1968 or a probation order.
(4)A child is not a foster child while he is liable to be detained or subject to guardianship under the M5Mental Health (Scotland) Act 1984.
(5)A child is not a foster child—
(a)while he is placed in the care and possession of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of section 1 of the M6Adoption Act 1976 or section 1 of the M7Adoption (Scotland) Act 1978; or
(b)while he is a protected child within the meaning of section 32 of the said Act of 1978.
Textual Amendments
F1S. 2(2)(f) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 42, Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)
Modifications etc. (not altering text)
C1S. 2(5)(a) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 3
Marginal Citations