Foster Children (Scotland) Act 1984

2 Exceptions to section 1. S

(1) A child is not a foster child while he is [F1 being looked after by a local authority] or is boarded out by an education authority.

(2) A child is not a foster child while he is in the care of any person—

(a) in premises in which any parent, adult relative or guardian of his is for the time being residing;

(b) in any residential establishment;

(c) in any school within the meaning of the M1 Education (Scotland) Act 1980;

(d) in any hospital or in any [F2 accommodation provided by a care home service registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8)];

(e) in any home or institution not specified in this section but maintained by a public or local authority; or

[F3 (f) if he has been in that person’s care for a period of less than 28 days and that person does not intend to undertake his care for any longer period.]

(3) A child is not a foster child while he is in the care of any person in compliance with a supervision order within the meaning of the M2 Children and Young Persons Act 1969 or a supervision requirement F4 . . . or a probation order.

(4) A child is not a foster child while he is liable to be detained or subject to guardianship under the M3 Mental Health (Scotland) Act 1984.

(5) A child is not a foster child—

(a) while he is placed in the care and possession of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of section 1 of the M4 Adoption Act 1976 or section 1 of the M5 Adoption (Scotland) Act 1978 F5 . . .

(b) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (6) The reference in subsection (1) above to a child being looked after by a local authority shall be construed as if it were a reference to which section 17(6) of the Children (Scotland) Act 1995 applies.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 2(1) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 35(2)(a); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F2 Words in s. 2(2)(d) substituted (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 12(2); S.S.I. 2002/162 arts. 2(f)(h) (subject to arts. 3-13)

F3 S. 2(2)(f) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 42, Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)

F4 Words in s. 2(3) repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 35(2)(b), Sch. 5; S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F5 S. 2(5)(b) and words immediately preceeding it repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 35(2)(c), Sch. 5; S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

F6 S. 2(6) added (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 35(2)(d); S.I. 1996/3201, art. 3(7) (as amended by S.I. 1997/744, arts. 2, 3)

Modifications etc. (not altering text)

C1 S. 2(5)(a) modified (1.11.1994) by S.I. 1994/2804, reg. 3, Sch. 2 para. 3

Marginal Citations

M1 1980 c. 44.

M2 1969 c. 54.

M3 1984 c. 36.

M4 1976 c. 36.

M5 1978 c. 28.