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(1)A child is not a foster child while he is [F1being 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 M1Education (Scotland) Act 1980;
(d)in any hospital or in any [F2accommodation 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 M2Children 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 M3Mental 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 M4Adoption Act 1976 or section 1 of the M5Adoption (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.]
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