Miscellaneous and supplementary

18 Avoidance of insurances on lives of foster children.

A person who maintains a foster child for reward shall be deemed for the purposes of the M1Life Assurance Act 1774 to have no interest in the life of the child.

19 Service of notices by post.

Any notice or information required to be given under this Act may be given by post.

20 Regulations

Any power to make regulations conferred on the Secretary of State by this Act shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

21 Interpretation.

1

In this Act—

  • F7 “ barred person ” has the meaning given by section 7(4);

  • F1 “ care home service ” has the meaning given by F8paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010;

  • “child” means a person under the age of 18;

  • “compulsory school age” means school age within the meaning of the M2Education (Scotland) Act 1980;

  • “local authority”means F2a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

  • “local authority in England or Wales” means the Council of a non-metropolitan county, metropolitan district or London borough, or the Common Council of the City of London;

  • “place of safety” F3has the meaning given by section F9202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1);

  • “relative” in relation to a child, means a grandparent, brother, sister, uncle or aunt whether of the full blood or half blood or by affinity F6...;

  • “residential establishment” means

    F10(a)an establishment managed by a local authority, voluntary organisation or any other person which provides residential accommodation for the purposes of the M3Social Work (Scotland) Act 1968 F4or of Part II of the Children (Scotland) Act 1995 whether for reward or notF11; or

    (b) a residential establishment as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1);

  • F5 “ supervision requirement ” has the meaning given by section 70(1) of the Children (Scotland) Act 1995;

a

to submit to supervision in accordance with such conditions as they may impose; or

b

to reside in a residential establishment named in the requirement and be subject to such conditions as they may impose;

“voluntary organisation” means a body the activities of which are carried on otherwise than for profit.

2

In this Act, except insofar as the context otherwise requires,—

a

any reference to a numbered section or Schedule is a reference to the section of, or the Schedule to, this Act so numbered;

b

a reference in a section to a numbered subsection is a reference to the subsections of that section so numbered;

c

a reference in a section, subsection or Schedule to a numbered or lettered paragraph is a reference to the paragraph of that section, subsection or Schedule so numbered or lettered.

22 Transitional provisions, consequential amendments and repeals.

1

This Act shall have effect subject to the transitional provisions set out in Schedule 1 to this Act.

2

The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act.

3

The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

4

The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 16 or 17 of the M4Interpretation Act 1978 (which relate to the effect of repeals).

23 Citation

1

This Act may be cited as the Foster Children (Scotland) Act 1984.

2

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

3

This Act (except paragraph 8 of Schedule 2) extends to Scotland only.