The Foster Placement (Children) Regulations 1991

PART I GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Foster Placement (Children)Regulations 1991 and shall come into force on 14th October 1991.

(2) In these Regulations, unless the context otherwiserequires—

“the Act” means the Children Act 1989;

“approving authority”, in relation to a foster parent, means the local authority(1) or voluntary organisation responsible under regulation 3for approving (or not approving) the foster parent;

“area authority”, in relation to a child (and foster parent), means the localauthority in whose area the child is placed where that authority is notalso the responsible authority;

“foster parent” means the person with whom a child is or is proposed to be placedunder these Regulations;

“foster placement agreement” means an agreement referred to in regulation 5(6);

“responsible authority”, in relation to a child, means the local authority or voluntaryorganisation responsible for the placement of the child under (as thecase may be) section 23(2)(a) or 59(1)(a) of the Act.

(3) Any notice or consent required under these Regulations is to begiven in writing and any such notice may be sent by post.

(4) In these Regulations—

(a) any reference to a numbered regulation is to the regulation inthese Regulations bearing that number and any reference in a regulationto a numbered paragraph is to the paragraph of that regulation bearingthat number;

(b) any reference to a numbered Schedule is to the Schedule to theseRegulations bearing that number.

Scope of the Regulations

2.—(1) These Regulations apply (subject to paragraph (2)) to any placementof a child—

(a) by a local authority under section 23(2)(a) of the Act;

(b) by a voluntary organisation under section 59(1)(a) of the Act(unless they are acting on behalf of a local authority).

(2) These Regulations do not apply to any placement of achild—

(a) to which the Placement of Children with Parents etc. Regulations1991(2) apply;

(b) if the child is not in the care of a local authority, with a parentof his or other person having parental responsibility for him;

(c) for adoption pursuant to the Adoption Act 1976(3).

(3) Where a care order is in force the application of these Regulationsis subject to any directions given by a court (whether before, on orafter these Regulations come into force).

(4) Nothing in these Regulations requires the temporary removal of achild from a person with whom he is already living before placementunder these Regulations.

(1)

authority is defined in section 105(1) of the Act asthe council of a county, a metropolitan district, a London Borough orthe Common Council of the City of London. Pursuant to section 2 of theLocal Authority Social Services Act 1970 (c. 42), local authorityfunctions under the Children Act 1989 stand referred to the socialservices committee of a local authority.

(2)

S.I. 1991/893.

(3)

1976 c. 36.