PART IIIREGULATION OF ESTABLISHMENTS AND AGENCIES
Preliminary
Children's homes9
1
Paragraphs (2) to (5) have effect for the purposes of this Order.
2
An establishment is a children's home (subject to paragraphs (3) and (4)) if it provides care and accommodation wholly or mainly for children.
3
An establishment is not a children's home merely because a child is cared for and accommodated there by a parent or relative of his or by a foster parent.
4
An establishment is not a children's home if it is—
a
a hospital;
b
a school;
c
a residential care home;
d
a nursing home;
e
a juvenile justice centre;
f
used primarily for the accommodation of homeless persons; or
g
used primarily for or in connection with the provision of cultural, recreational, leisure, social or physical activities,
or if it is of a description excepted by regulations.
5
For the purposes of this Article a person is a foster parent in relation to a child if—
a
he is an authority foster parent in relation to the child;
b
he is a foster parent with whom a child has been placed by a voluntary organisation under Article 75(1)(a) of the Children Order; or
c
he fosters the child privately.