Foster children for the purposes of the Act
2 Exceptions to section 1.
1
A child is not a foster child while he is F1being looked after by a local authority 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 F2accommodation provided by a care home service registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8);
e
in any home or institution not specified in this section but maintained by a public or local authority; or
F3f
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
4
A child is not a foster child while he is liable to be detained F7under the Mental Health (Care and Treatment) (Scotland) Act 2003.
5
A child is not a foster child—
b
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66
The reference in subsection (1) above to a child being looked after by a local authority shall be construed as if it were a reference to which section 17(6) of the Children (Scotland) Act 1995 applies.