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Children Act 1989
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- 1989 c. 41
- SCHEDULE 7
- Exemption by local authority
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- Act applied by S.I. 2013/1465 art. 13(2)-(4)
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- s. 87BA inserted by 2011 c. 21 s. 43(4)
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/3079 art. art. 2(2)(a) art. 2(4)(b) commences (2002 c. 38)
- S.I. 2004/252 art. 2(b) commences (2002 c. 38)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/1403 art. 2 commences (2002 c. 38)
- S.I. 2004/1728 art. 5 Sch. Pt. 2 commences (2002 c. 32)
- S.I. 2004/3203 art. 2(1)(h) art. 2(1)(l) art. 2(1)(m)(x) art. 2(1)(m)(xi) art. 2(1)(m)(xii) art. 2(2) commences (2002 c. 38)
- S.I. 2011/824 art. 2 commences (2008 c. 23)
- S.I. 2011/949 art. 3 commences (2008 c. 23)
- S.I. 2012/1553 art. 2(a) art. 2(a)(e) art. 2(b) art. 2(c)(e) art. 2(d) art. 2(e) commences (2008 c. 23)
- S.I. 2012/2197 art. 2(b) commences (2008 c. 25)
- S.I. 2012/2231 art. 4(b) commences (2006 c. 47)
Exemption by local authorityE+W
4(1)A person may exceed the usual fostering limit if he is exempted from it by the local authority within whose area he lives.E+W
(2)In considering whether to exempt a person, a local authority shall have regard, in particular, to—
(a)the number of children whom the person proposes to foster;
(b)the arrangements which the person proposes for the care and accommodation of the fostered children;
(c)the intended and likely relationship between the person and the fostered children;
(d)the period of time for which he proposes to foster the children; and
(e)whether the welfare of the fostered children (and of any other children who are or will be living in the accommodation) will be safeguarded and promoted.
(3)Where a local authority exempt a person, they shall inform him by notice in writing—
(a)that he is so exempted;
(b)of the children, described by name, whom he may foster; and
(c)of any condition to which the exemption is subject.
(4)A local authority may at any time by notice in writing—
(a)vary or cancel an exemption; or
(b)impose, vary or cancel a condition to which the exemption is subject,
and, in considering whether to do so, they shall have regard in particular to the considerations mentioned in sub-paragraph (2).
(5)The Secretary of State may make regulations amplifying or modifying the provisions of this paragraph in order to provide for cases where children need to be placed with foster parents as a matter of urgency.
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Commencement Information
I1Sch. 7 para. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
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