The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Fostering N.I.

55.—(1) Despite Article 4, this Order applies to activity that is regulated activity by virtue of paragraph 1(5) of Schedule 2.

(2) Paragraph (1) does not affect the operation of this Order in relation to any other activity that is carried out in connection with a foster child.

(3) Paragraph (4) applies if a person (P)—

(a) makes arrangements for another person to foster a child as a private foster parent, and

(b) has power to terminate the arrangements.

(4) P is, if he would not otherwise be, a regulated activity provider in relation to fostering carried out by the foster parent in pursuance of the arrangements.

(5) The following provisions of this Article apply for the purposes of this Order.

(6) A person fosters a child if he is a foster parent of the child.

(7) A person is a foster parent if—

(a) he is an authority foster parent within the meaning of Article 27(3) of the Children Order;

(b) he is a person with whom a child has been placed by a voluntary organisation under Article 75(1)(a) of that Order;

(c) he is a private foster parent.

(8) A person is a private foster parent if he falls within paragraph (9) and looks after a child—

(a) for reward, or

(b) in pursuance of an arrangement made by someone other than a member of the child's family.

(9) A person falls within this paragraph if—

(a) he fosters the child privately within the meaning of Article 106(1) of the Children Order,

(b) he would be so fostering the child but for Article 107(1) of that Order (minimum period of 28 days), or

(c) (in the case of a child who has attained the age of 16) he would fall within sub-paragraph (a) or (b) if the child were under the age of 16.

(10) A person's family includes—

(a) the person's foster child;

(b) the foster child of any member of the person's family;

and references to a family relationship and family member are to be construed accordingly.

Annotations:

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Commencement Information

I1 Art. 55 wholly in operation; art. 55 not in operation at date of making see art. 1(3); art. 55 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(m); art. 55 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(g)