Persons who are not persons with careE+W+S
21.—(1) For the purposes of the Act the following categories of person shall not be persons with care—
(a)a local authority;
(b)a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of the Children Act 1989 M1, except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 23(5) of that Act;
(c)in Scotland, a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act 1995 M2.
(2) In paragraph (1) above—
“family” means family other than such family defined in section 93(1) of the Children (Scotland) Act 1995;
“local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council, and, in relation to Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 M3; and
“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995 as the case may be.