2.—(1) For paragraph (3) of regulation 2 of the principal Regulations there shall be substituted the following paragraph–

(3) Where a custodianship order made under section 33 of the Children Act 1975(1) or a residence order within the meaning of section 8(1) of the Children Act 1989(2) is in force in respect of a child or pupil, his custodian, or the person with whom he is to live in accordance with the residence order (as the case may be), and the spouse (if any) of the custodian or that person shall be treated as the parents of the child or pupil for the purpose of these Regulations.

(2) In paragraph (4) of regulation 2 of the principal Regulations after the words “section 88 of the Children Act 1975” there shall be inserted the words “(or, following the repeal of that section, of section 105(1) of the Children Act 1989)”.

(1)

1975 c. 72; section 33 was amended by the Family Law Act 1986 (c. 55), Schedule 1, paragraph 19, and Schedule 2; and by the Family Law Reform Act 1987 (c. 42), Schedule 2, paragraph 60.