(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 [F3Part 5 of the Public Services Reform (Scotland) Act 2010]];
(e)in any home or institution not specified in this section but maintained by a public or local authority; or
[F4(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 M2Children and Young Persons Act 1969 or a supervision requirement F5. . . or a [F6community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46) ].
(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—
(a)while he is placed in the care F8... of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of section 1 of the M3Adoption Act 1976 or [F9section 119(1) of the Adoption and Children (Scotland) Act 2007 (asp 4) ] F10. . .
(b)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(6)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.]
Textual Amendments
F1Words in s. 2(1) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 35(2)(a); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F2Words in s. 2(2)(d) substituted (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 12(2); S.S.I. 2002/162 arts. 2(f)(h) (subject to arts. 3-13)
F3Words in s. 2(2)(d) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 5(a)
F4S. 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)
F5Words in s. 2(3) repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 35(2)(b), Sch. 5; S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F6Words in s. 2(3) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 36; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))
F7Words in s. 2(4) substituted (27.9.2005) by Mental Health (Care and Treatment0 (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 1, Sch. 1 para. 16(2)
F8Words in s. 2(5)(a) repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)
F9Words in s. 2(5)(a) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 2 para. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)
F10S. 2(5)(b) and words immediately preceeding it repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 35(2)(c), Sch. 5; S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F11S. 2(6) added (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 35(2)(d); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
Modifications etc. (not altering text)
C1S. 2(5)(a) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 3
C2S. 2(5)(a) modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 5, Schs. 4
C3S. 2(5)(a) modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 12
Marginal Citations