“Children’s home” further defined

91.—(1) A child is not cared for and accommodated in a children’s home when he is cared for and accommodated by—

(a)a parent of his;

(b)a person who is not a parent of his but who has parental responsibility for him;

(c)any relative of his; or

(d)a person who fosters him (within the meaning of Article 119) and not more than two other children.

(2) A home is not a children’s home if it is—

(a)a home provided under Part VII or a voluntary home;

(b)a residential care home;

(c)a hospital (including a private hospital) or nursing home;

(d)a school;

(e)a training school;

(f)used primarily for the accommodation of homeless persons;

(g)used primarily for or in connection with the provision of cultural, recreational, leisure, social or physical activities;

(h)exempted by regulations made by the Department for the purposes of this paragraph,

or if it does not fall within sub-paragraphs (a) to (h) but is provided by the Secretary of State, a government department or a prescribed public body.

(3) A child shall not be treated as cared for and accommodated in a children’s home when—

(a)any person mentioned in paragraph (1)(a) or (b) is living at the home; or

(b)the person caring for him is doing so in his personal capacity and not in the course of carrying out his duties in relation to the home.

(4) Schedule 5 shall have effect for the purpose of setting out the circumstances in which a person may foster more than three children without being treated as carrying on a children’s home.