90.—(1) In this Order—

“children’s home” means, subject to Article 91, a home which provides (or usually provides or is intended to provide) care and accommodation for children;

“registered children’s home” means a children’s home registered under this Part.

(2) In this Part—

“home” includes any institution;

“notice” and “notify” mean respectively notice in writing and notify in writing;

“the relevant requirements” means any requirements of this Part and of regulations under Article 105, and any conditions imposed under Article 97.

(3) Any reference in this Part to an authority in relation to a children’s home means the authority in whose area the home is, or is to be, situated.

“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.