2(1)A child is not a privately fostered child while he is in the care of any person—
(a)in premises in which any—
(i)parent of his;
(ii)person who is not a parent of his but who has parental responsibility for him; or
(iii)person who is a relative of his and who has assumed responsibility for his care,
is for the time being living;
(b)in any children’s home;
(c)in accommodation provided by or on behalf of any voluntary organisation;
(d)in any school in which he is receiving full-time education;
(e)in any health service hospital;
(f)in any residential care home [F1(other than a small home)], nursing home or mental nursing home; or
(g)in any home or institution not specified in this paragraph but provided, equipped and maintained by the Secretary of State.
(2)Sub-paragraph (1)(b) to (g) does not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the paragraph in question.
Textual Amendments
F1Words in Sch. 8 para. 2(1)(f) inserted (1.4.1993) by Registered Homes (Amendment) Act 1991 (c. 20, SIF 113:3), s. 2(6); S.I. 1992/2240, art. 2.
Commencement Information
I1Sch. 8 para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)