Search Legislation

Protection of Vulnerable Groups (Scotland) Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 96

 Help about opening options

Changes to legislation:

Protection of Vulnerable Groups (Scotland) Act 2007, Section 96 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 96:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

96FosteringS

This section has no associated Explanatory Notes

(1)For the purposes of this Act, a “foster carer”, in relation to a child, is an individual other than a parent of the child—

(a)with whom the child has been placed under section 26(1)(a) (placement by councils) of the Children (Scotland) Act 1995 (c. 36) F1...,

(b)who looks after the child in pursuance of arrangements made by a council under 26(1)(c) (arrangements for accommodating children) of the [F2Children (Scotland) Act 1995],

(c)who—

(i)maintains the child as a foster child for the purposes of the Foster Children (Scotland) Act 1984 (c. 56), or

(ii)otherwise looks after the child in circumstances in which that Act applies by virtue of section 17 of that Act, or

(d)who looks after the child in pursuance of—

(i)a permanence order, or

(ii)a [F3 compulsory supervision order ].

(2)A foster carer is to be treated as doing work for—

(a)in the case of a foster carer of the type described in subsection (1)(a), the council which placed the child with that foster carer under section 26(1)(a) of the [F4 Children (Scotland) Act 1995],

(b)in the case of a foster carer of the type described in subsection (1)(b) or (c), any person who—

(i)made arrangements with the foster carer in pursuance of which the foster carer looks after the child, and

(ii)has power to terminate those arrangements,

(c)in the case of a foster carer of the type described in subsection (1)(d)(i), the council which has the right to regulate the child's residence,

(d)in the case of a foster carer of the type described in subsection (1)(d)(ii), the council in whose area the child is looked after.

(3)Sections 34 to 37 do not apply in relation to work as a foster carer where the work is done in pursuance of —

(a)a permanence order which vests any parental responsibility or parental right in the foster carer, or

(b)a [F5 compulsory supervision order ].

(4)Subsections (2) to (7) of section 95 do not apply in relation to work as a foster carer.

(5)References in section 3 to dismissing an individual doing regulated work are, in relation to foster carers, to be read as references to terminating the fostering arrangements concerned.

(6)References in this section to looking after a child in pursuance of a permanence order are references to looking after a child in consequence of the exercise by the council to which the order relates of its right to regulate the child's residence.

(7)References in this section to the council's right to regulate a child's residence are references to the parental right vested in the council by virtue of section 81(1)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4) (mandatory provision in permanence order).

(8)In this section—

  • [F6 “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1), ]

  • parental responsibilities” and “parental rights” have the same meaning as they have in the [F7Children (Scotland) Act 1995],

  • permanence order” means an order made under section 80(1) of the Adoption and Children (Scotland) Act 2007 (asp 4),

  • F8...

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources