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.
Marginal Citations
Any notice or information required to be given under this Act may be given by post.
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.
(1)In this Act—
[F1 “ barred person ” has the meaning given by section 7(4); ]
[F2 “ care home service ” has the meaning given by [F3paragraph 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 [F4a 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” [F5has the meaning given by section [F6202(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 F7...;
“residential establishment” means
[F8(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 [F9or of Part II of the Children (Scotland) Act 1995] whether for reward or not[F10; or
(b) a residential establishment as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1)];
F11[ “ 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.
Textual Amendments
F1Words in s. 21 inserted (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), Sch. 4 para. 12 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a)
F2Definition of “care home service” in s. 21(1) inserted (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 12(3)(a); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
F3Words in s. 21(1) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 5(b)
F4S. 21(1): words in definition of “local authority” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 136; S.I. 1996/323, art. 4(1)(c)
F5Words in the definition of “place of safety” in s. 21(1) substituted (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 12(3)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)
F6Words in s. 21(1) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 5(4)(a)
F7Words in s. 21(1) repealed (30.6.2006) by Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), arts. 1, 7
F8Words in s. 21(1) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 5(4)(b)(i)
F9S. 21(1): words in definition of “residential establishment” inserted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 35(7)(a); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
F10Words in s. 21(1) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 5(4)(b)(ii)
F11s. 21(1): definition of “supervision requirement” substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 35(7)(b); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)
Marginal Citations
(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).
Marginal Citations
(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.